reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.415 - Order in rate proceeding filed prior to January 1, 1999, to establish maximum rate for affected telecommunications services; dismissal of rate proceeding filed after January 1, 1999.

(1) In a rate proceeding brought by a telecommunications carrier that elects to be subject to ORS 759.405 and 759.410, or by the Public Utility Commission against an electing telecommunications carrier, prior to January 1, 1999, that is on appeal on September 1, 1999, a final rate for a telecommunications service implemented as a result of the final judgment and order or negotiated settlement shall become the maximum rate for purposes of ORS 759.410.
(2) A rate proceeding brought by or against an electing telecommunications carrier, after January 1, 1999, that is pending on the effective date of the carrier’s election to be subject to ORS 759.405 and 759.410, shall be dismissed by the commission or by the court if on appeal, provided the carrier elects to be subject to regulation under ORS 759.405 and 759.410 within the later of:
(a) Ninety days from the commencement of the proceeding; or
(b) Ninety days from September 1, 1999.
(3) Notwithstanding subsection (2) of this section, the parties to a rate proceeding brought by or against an electing telecommunications carrier, after January 1, 1999, that is pending on the effective date of the carrier’s election to be subject to ORS 759.405 and 759.410, may agree to continue the proceeding. [1999 c.1093 §27]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.420 - Application of ORS 759.400 to 759.455 to wholesale transactions regulated under federal law.

Nothing in ORS 759.400 to 759.455 is intended to affect, alter or in any way modify wholesale transactions regulated by the federal Telecommunications Act of 1996 (Public Law 104-104) as in effect on September 1, 1999, and regulations adopted thereunder. [1999 c.1093 §26]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.435 - Assessment of telecommunications infrastructure and community needs; contents; report.

(1) The Oregon Business Development Department, in collaboration with affected telecommunications carriers, the Connecting Oregon Communities Advisory Board, representatives of local communities and other members of the public interested in improved telecommunications services, shall conduct an assessment of telecommunications infrastructure and community telecommunications needs in local communities and across the various regions of this state. The assessment shall include:
(a) The type of telecommunications services and technology, including infrastructure, already deployed within communities and regions;
(b) The type of telecommunications technology and services desired by communities within regions;
(c) The competitiveness of the local telecommunications market, including a list of all telecommunications carriers and Internet service providers;
(d) The economic significance of desired telecommunications investments;
(e) Community and regional priority lists for telecommunications infrastructure and service investments;
(f) The ability of qualified public and nonprofit users within the community or region to aggregate demand for telecommunications services and the benefits of such aggregation;
(g) The estimated costs and implementation schedule of desired or proposed telecommunications investments;
(h) An analysis of state, federal, nonprofit and private sources of funding for the proposed improvements;
(i) The ability of the investment to be self-supporting; and
(j) The ability of a community or region to make the investments necessary to connect to the Oregon Enterprise Network, and the local and statewide benefits of such investments.
(2)(a) To the maximum extent practicable, the assessment shall recognize and include existing state, regional and local plans and information. The department may use its own staff or may contract with third parties to conduct the assessment.
(b) A copy of the assessment shall be submitted to the Oregon Business Development Commission and to the Joint Legislative Committee on Information Management and Technology. The commission shall consider the information contained in the report when adopting or amending the rules required under ORS 759.430 (1).
(3) The commission shall not approve plans under ORS 759.430 (1) until the commission has received the assessment required under this section. The department shall report to the Joint Legislative Committee on Information Management and Technology on implementation of ORS 759.430 to 759.445 prior to the approval of project plans under ORS 759.430 (1). [1999 c.1093 §32]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.440 - Additional funding for evaluating project plans.

The Oregon Business Development Department may request approval from the Emergency Board for the transfer of additional funds from a telecommunications carrier’s Telecommunications Infrastructure Account created under ORS 759.405 for the purpose of providing technical assistance to the department and the Oregon Business Development Commission in evaluating project plans submitted under ORS 759.430. If the request is approved, the commission by order may direct the transfer of funds from a telecommunications carrier’s Telecommunications Infrastructure Account to the Oregon Business Development Department. The department may not request and the Emergency Board shall not approve a request or requests in excess of $100,000 per year. [1999 c.1093 §32a]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.500 - Definitions for ORS 759.500 to 759.570.

As used in ORS 759.500 to 759.570, unless the context requires otherwise:
(1) "Allocated territory" means a geographic area for which the Public Utility Commission has allocated to no more than one person the authority to provide local exchange telecommunications service, the boundaries of which are set forth on an exchange map filed with and approved by the commission.
(2) "Person" includes:
(a) An individual, firm, partnership, corporation, association, cooperative or municipality; or
(b) The agent, lessee, trustee or referee of an individual or entity listed in paragraph (a) of this subsection.
(3) "Local exchange telecommunications service" has the meaning given that term in ORS 759.005, except that "local exchange telecommunications service" does not include service provided through or by the use of any equipment, plant or facilities:
(a) For the provision of telecommunications services that pass through or over but are not used to provide service in or do not terminate in an area allocated to another person providing a similar telecommunications service;
(b) For the provision of local exchange telecommunications service, as defined in ORS 759.005, commonly known as "private lines" or "farmer lines"; or
(c) For the provision of shared telecommunications service. [1987 c.447 §53; 2005 c.232 §24; 2007 c.825 §2]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.535 - Application to serve unserved territory; hearing; notice.

(1) A telecommunications utility, cooperative corporation or municipality that desires to provide local exchange telecommunications service in a territory that is not served by another person providing a similar local exchange telecommunications service may apply to the Public Utility Commission for an order allocating the territory to the applicant. The application shall include an exchange map that shows the unserved territory that the applicant is requesting to serve.
(2) The commission shall within 30 days after the filing of the application give notice of the filing. If the commission chooses, or if a customer requests a hearing on the matter within 30 days of the notice, the commission shall hold a hearing by telephone or in person. The commission shall give notice of the hearing within 30 days of the request. The notice shall set the date and place of hearing. The hearing shall be held at a place within or conveniently accessible to the territory covered by the application. Notice of the filing shall be by publication in a newspaper or newspapers of general circulation in the territory covered by the application and shall be published at least once weekly for two successive weeks. Written notice of the filing shall be given to providers of similar local exchange telecommunications service in adjacent territory. [1987 c.447 §60; 2005 c.232 §28]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.560 - Assignment or transfer of allocated territory; rules.

(1) The rights acquired by an allocation of territory may only be assigned or transferred with the approval of the Public Utility Commission after a finding that the assignment or transfer is not contrary to the public interest.
(2) The commission may approve a transfer of territory previously allocated only upon receipt of an application for allocation that is jointly filed by the transferor and the transferee. The application shall include exchange maps that show how the applicants want the commission to allocate the territory. The commission shall enter an order either approving or disapproving the application as filed, or as amended, together with findings of fact supporting the order.
(3)(a) An order approving an allocation of territory may not be construed to confer any property right.
(b) Notwithstanding paragraph (a) of this subsection, upon the death of an individual to whom territory was allocated or who was an applicant under an approved order, the executor or administrator of the estate of the individual shall continue the operation of local exchange telecommunications service for the purpose of transferring territorial allocation rights. The executor or administrator shall continue the operation for a period not to exceed two years from the date of death.
(4) In the event the property of a person serving an allocated territory is condemned, no value shall be claimed or awarded by reason of the contract or order making the allocation.
(5) The commission may by rule establish requirements for notice to affected persons of the assignment or transfer of allocated territory. [1987 c.447 §65; 2005 c.232 §29]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.565 - Injunction against unauthorized provision of service.

In the event an allocated territory is served by a person that is not authorized by the Public Utility Commission to provide local exchange telecommunications service in the territory, an aggrieved person or the commission may file an action in the circuit court for any county in which is located some or all of the allocated territory allegedly involved in the unauthorized provision of service, for an injunction against the alleged unauthorized provision of service. The trial of the action shall proceed as in an action not triable by right to a jury. Any party may appeal to the Court of Appeals from the circuit court’s judgment, as in other equity cases. The remedy provided in this section shall be in addition to any other remedy provided by law. [1987 c.447 §66; 2003 c.576 §562; 2005 c.232 §30]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.570 - Application of law to local government.

(1) ORS 759.500 to 759.570 may not be construed or applied to restrict the powers granted to cities to issue franchises or to restrict the exercise of the power of condemnation by a municipality. If a municipality condemns or otherwise acquires equipment, plant or facilities from another person for rendering local exchange telecommunications service, the municipality acquires all of the rights of the person whose property is condemned to serve the territory served by the acquired properties.
(2) ORS 759.500 to 759.570 may not be construed to restrict the right of a municipality to provide local exchange telecommunications service for street lights, fire alarm systems, airports, buildings and other municipal installations regardless of their location.
(3) ORS 759.500 to 759.570 may not be construed to confer upon the Public Utility Commission any regulatory authority over rates, service or financing of cooperatives or municipalities. [1987 c.447 §67; 2005 c.232 §31]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.580 - Power of commission to require service to unserved territory.

The Public Utility Commission has power to require any telecommunications utility, after a public hearing of all parties interested, to extend its line, plant or system into, and to render service to, a locality not already served when the existing public convenience and necessity requires such extension and service. However, no such extension of service shall be required until the telecommunications utility has been granted such reasonable franchises as may be necessary for the extension of service and unless the conditions are such as to reasonably justify the necessary investment by the telecommunications utility in extending its line, plant or system into such locality and furnishing such service. [1987 c.447 §4]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.585 - Definitions for ORS 759.585 to 759.595.

As used in ORS 759.585 to 759.595, "unserved person" means a person:
(1) Who does not have local exchange telecommunications service;
(2) Who is applying for residential service or business service with five or fewer lines; and
(3) Who, for the initiation of such service, would be required to pay line extension charges. [1989 c.574 §2; 1991 c.307 §1]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.590 - Application for service by unserved person; rules.

(1) An unserved person may file an application with the Public Utility Commission for an order directing another telecommunications utility to provide local exchange service to the unserved person.
(2) The commission shall adopt rules which prescribe the form of an application filed under subsection (1) of this section and which provide for reasonable notice and opportunity for hearing to all telecommunications utilities affected by an application. [1989 c.574 §3; 1991 c.307 §2]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.595 - Criteria for granting application for service; effect on other territorial allocation.

(1) The Public Utility Commission shall grant an application filed under ORS 759.590 if the commission finds that:
(a) The telecommunications utility in whose territory the unserved person is located has declined to serve without line extension charges;
(b) Another telecommunications utility has agreed to provide local exchange telecommunications service to the unserved person with no line extension charge or with line extension charges lower than those offered by the telecommunications utility in whose territory the unserved person is located; and
(c) Approval of the application is not contrary to the public interest.
(2) Any order of the commission issued under subsection (1) of this section shall not have the effect of changing any territory allocated under ORS 758.400 to 758.475 that is being provided with local exchange telecommunications service. [1989 c.574 §4; 1991 c.307 §3]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.650 - Definitions for ORS 759.650 to 759.675.

As used in ORS 759.650 to 759.675, unless the context requires otherwise:
(1) "Attachment" means any wire or cable for the transmission of intelligence by telegraph, telephone or television (including cable television), light waves or other phenomena, or for the transmission of electricity for light, heat or power, and any related device, apparatus or auxiliary equipment, installed upon any pole or in any telegraph, telephone, electrical, cable television or communications right of way, duct, conduit, manhole or handhole or other similar facility or facilities owned or controlled, in whole or in part, by one or more public utility, telecommunications utility or people’s utility district.
(2) "Licensee" means any person, firm, corporation, partnership, company, association, joint stock association or cooperatively organized association which is authorized to construct attachments upon, along, under or across the public ways.
(3) "People’s utility district" means any concern providing electricity organized pursuant to ORS 261.010 and includes any entity cooperatively organized or owned by federal, state or local government or a subdivision of state or local government.
(4) "Public utility" has the meaning for that term provided in ORS 757.005, and does not include any entity cooperatively organized or owned by federal, state or local government or a subdivision of state or local government.
(5) "Telecommunications utility" means any telecommunications utility as defined in ORS 759.005 and does not include any entity cooperatively organized or owned by federal, state or local government, or a subdivision of state or local government. [1987 c.447 §22; 1989 c.5 §18]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.655 - Authority of commission to regulate attachments.

The Public Utility Commission of Oregon shall have the authority to regulate in the public interest the rates, terms and conditions for attachments by licensees to poles or other facilities of telecommunications utilities. All rates, terms and conditions made, demanded or received by any telecommunications utility for any attachment by a licensee shall be just, fair and reasonable. [1987 c.447 §23]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.660 - Fixing charges or rates; criteria; costs of hearing.

(1) Whenever the Public Utility Commission of Oregon finds, after hearing had upon complaint by a licensee or people’s utility district or a telecommunications utility that the rates, terms or conditions demanded, exacted, charged or collected in connection with attachments or availability of surplus space for such attachments are unjust or unreasonable, or that such rates or charges are insufficient to yield a reasonable compensation for the attachment and the costs of administering the same, the commission shall determine the just and reasonable rates, terms and conditions thereafter to be observed and in force and shall fix the same by order. In determining and fixing such rates, terms and conditions, the commission shall consider the interest of the customers of the licensee, as well as the interest of the customers of the telecommunications utility or people’s utility district which owns the facility upon which the attachment is made.
(2) When the order applies to a people’s utility district, the order also shall provide for payment by the parties of the cost of the hearing. The payment shall be made in a manner which the commission considers equitable. [1987 c.414 §166d; 1987 c.447 §24; 1989 c.5 §19]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.665 - Considerations in determining just and reasonable rate.

A just and reasonable rate shall assure the telecommunications utility or people’s utility district the recovery from the licensee of not less than all the additional costs of providing and maintaining pole attachment space for the licensee nor more than the actual capital and operating expenses, including just compensation, of the telecommunications utility or people’s utility district attributable to that portion of the pole, duct or conduit used for the pole attachment, including a share of the required support and clearance space in proportion to the space used for pole attachment above minimum attachment grade level, as compared to all other uses made of the subject facilities and uses which remain available to the owner or owners of the subject facilities. [1987 c.447 §25]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.670 - Presumption of reasonableness of rates set by agreement.

Agreements regarding rates, terms and conditions of attachments shall be deemed to be just, fair and reasonable unless the Public Utility Commission finds upon complaint by a telecommunications utility, people’s utility district or licensee party to such agreement and after hearing, that such rates, terms and conditions are adverse to the public interest and fail to comply with the provisions hereof. [1987 c.447 §26; 1989 c.5 §20]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.675 - Regulatory procedure.

The procedures of the Public Utility Commission for petition, regulation and enforcement relative to attachments, including any rights of appeal from any decision thereof, shall be the same as those applicable to the commission. [1987 c.447 §27; 1989 c.5 §21]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.680 - Operator service provider duties to service users; rules.

(1) As used in this section:
(a) "Call aggregator" means a person who furnishes a telephone for use by the public, including but not limited to hotels, hospitals, colleges, airports, public pay station owners and pay station agents.
(b) "Contract" means an agreement between an operator service provider and a call aggregator to automatically connect users of telephones to the operator service provider when certain operator-assisted long distance calls are made.
(c) "Operator service" includes but is not limited to billing or completion of third-number, person-to-person, collect or credit card calls.
(d) "Operator service provider" means a person who furnishes operator service under contract with a call aggregator.
(2) Each operator service provider shall:
(a) Notify all callers at the beginning of the call of the provider’s name.
(b) Disclose rate and service information to the caller when requested.
(c) Maintain a current list of emergency numbers for each service territory it serves.
(d) Transfer an emergency call to the appropriate emergency number when requested.
(e) Transfer a call to, or instruct the caller how to reach, the originating local exchange company’s operator service upon request of the caller, free of charge.
(f) Not transfer a call to another operator service provider without the caller’s notification and consent.
(g) Not bill or collect for calls not completed to the caller’s destination. Where technical limitations of the network prevent the identification of incomplete calls, each operator service provider shall issue credits for such calls upon the request of the caller.
(3) Each call aggregator who has a contract with an operator service provider shall post in the immediate vicinity of each telephone available to the public the name of the operator service provider, a toll-free customer service number, a statement that rate quotes are available upon request and instructions on how the caller may access other operator service providers.
(4) Neither the operator service provider nor the call aggregator shall block or prevent a telephone user’s access to the user’s operator service provider of choice. In order to prevent fraudulent use of its services, an operator service provider or a call aggregator may block access if the provider obtains a waiver for such purpose from the Public Utility Commission.
(5) The provisions of this section shall be carried out in such manner as the commission, by rule, may prescribe. [Formerly 759.690]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.689 - Use of surcharge for marketing and outreach to increase participation rate in plan of assistance.

(1) From moneys collected as a surcharge under ORS 759.685, the Public Utility Commission shall expend moneys on marketing and outreach activities as is necessary to increase the participation rate in the plan of assistance established by the commission under section 6, chapter 290, Oregon Laws 1987.
(2) The Oregon Telephone Assistance Program Advisory Committee established under ORS 759.688 will annually review use of moneys collected as a surcharge under ORS 759.685 and make recommendations to the commission on the amount of moneys to expend on marketing and outreach activities.
(3) Notwithstanding subsections (1) and (2) of this section, moneys expended on marketing and outreach activities under this section may not exceed 15 percent of moneys collected as a surcharge under ORS 759.685.
(4) A coordinated care organization, as defined in ORS 414.025, may not directly receive moneys expended under this section. [2017 c.434 §2]
Note:
See note under 759.688.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.694 - Legislative recognition of need.

It is recognized that a large number of people in this state, through no fault of their own, are unable to utilize telecommunication equipment due to the inability to hear or speak well enough or due to other disabilities. It is also recognized that present technology and services are available, but at significant cost, that would allow these people to utilize telecommunication equipment in their daily activities. There is, therefore, a need to make available the technology and services in the form of assistive telecommunication devices, a telecommunications relay service and communication facilitators for people who are deaf, deaf-blind, hard of hearing or speech impaired or adaptive equipment for people with disabilities at no additional cost beyond normal telephone service. The provision of assistive telecommunication devices, a telecommunications relay service, communication facilitators or adaptive equipment would allow those formerly unable to use telecommunication systems to more fully participate in the activities and programs offered by government and other community agencies, as well as in their family and social activities. The assistive telecommunication devices or adaptive equipment would be provided on a loan basis to each recipient, to be returned if the recipient moves out of the state. [1987 c.290 §10; 1991 c.872 §3; 1999 c.384 §2; 2007 c.70 §354; 2011 c.264 §2; 2019 c.113 §2]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.695 - Program for assistive telecommunication devices and communication facilitator services; program for adaptive equipment.

(1) With the advice of the Telecommunication Devices Access Program Advisory Committee, the Public Utility Commission shall establish and administer a statewide program to:
(a) Purchase and distribute assistive telecommunication devices to persons who are deaf, deaf-blind, hard of hearing or speech impaired and establish a telecommunications relay service; and
(b) Provide communication facilitator services to persons who are deaf-blind when the services are necessary.
(2) With the advice of the Telecommunication Devices Access Program Advisory Committee, the Public Utility Commission shall establish and administer a statewide program to purchase and distribute adaptive equipment to make telephone service generally available to persons with physical disabilities. [1987 c.290 §11; 1991 c.872 §4; 1999 c.384 §3; 2007 c.70 §355; 2011 c.78 §3; 2011 c.264 §3; 2019 c.113 §3]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.696 - Telecommunication Devices Access Program Advisory Committee; duties; members.

(1) A Telecommunication Devices Access Program Advisory Committee is established to advise the Public Utility Commission on the general development, implementation and administration of the Telecommunication Devices Access Program.
(2) The Telecommunication Devices Access Program Advisory Committee shall include:
(a) Five consumers as follows:
(A) Three who are deaf or hard of hearing;
(B) One who is speech impaired or who has a disability; and
(C) One who is visually impaired or deaf-blind;
(b) One professional in the field of speech impairment, visual impairment, hearing impairment or deafness or disability; and
(c) One representative from those telephone companies interested in providing telecommunication devices access relay services. [1987 c.290 §12; 1991 c.872 §5; 2007 c.70 §356; 2017 c.443 §1]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.697 - Program coordinator; program administration.

(1) The Public Utility Commission shall employ a coordinator for the Telecommunication Devices Access Program, who shall be primarily responsible for:
(a) The distribution and maintenance of assistive telecommunication devices and adaptive equipment;
(b) The provision of telecommunications relay services and monitoring of those service providers;
(c) The provision of communication facilitator services; and
(d) Community outreach to locate potential beneficiaries of the Telecommunication Devices Access Program.
(2) The commission may contract with any governmental agency, or other entity the commission considers to be qualified, to assist the commission in the provision of communication facilitator services or the administration of ORS 759.693 to 759.698. [1987 c.290 §13; 1991 c.872 §6; 1999 c.384 §4; 2019 c.113 §4]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.698 - Eligibility.

(1)(a) In order to be eligible to receive assistive telecommunication devices, adaptive equipment or communication facilitator services, individuals must be certified as deaf, deaf-blind, hard of hearing or speech impaired by a licensed physician, physician assistant, nurse practitioner, audiologist, hearing aid specialist, speech-language pathologist, rehabilitation instructor for persons who are blind or vocational rehabilitation counselor of the Department of Human Services. Certification implies that the individual cannot use the telephone for expressive or receptive communication.
(b) No more than one assistive telecommunication device or adaptive equipment device may be provided to a household. However, two assistive telecommunication devices or adaptive equipment devices may be provided to a household if more than one eligible person permanently resides in the household. Households without any assistive telecommunication devices or adaptive equipment shall be given priority over households with one assistive telecommunication device or adaptive equipment device when such devices are distributed.
(c) ORS 759.693 to 759.698 do not require a telecommunications utility to provide an assistive telecommunication device to any person in violation of ORS 646.730.
(2)(a) In order to be eligible to receive adaptive equipment, individuals must be certified to have the required disability by a person or agency designated by the Public Utility Commission to make such certifications. Certification implies that the individual is unable to use the telephone.
(b) ORS 759.693 to 759.698 do not require a telecommunications utility to provide adaptive equipment to any person in violation of ORS 646.730. [1987 c.290 §14; 1989 c.115 §1; 1991 c.872 §7; 1995 c.280 §33; 1999 c.384 §5; 2007 c.28 §2; 2007 c.70 §357; 2011 c.264 §4; 2014 c.45 §84; 2019 c.113 §5]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.700 - Definitions for ORS 759.700 to 759.720.

As used in ORS 759.700 to 759.720:
(1) "Information provider" means any person, company or corporation that operates an information delivery service on a pay-per-call basis.
(2) "Information delivery service" means any telephone-recorded messages, interactive programs or other information services that are provided for a charge to a caller through an exclusive telephone number prefix or service access code. Where a preexisting written contract exists between the customer and the information provider, this definition does not apply. [1991 c.672 §7]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.705 - Program message preamble; information to be included.

(1) An information provider that does business in this state shall include a preamble in its program messages.
(2) The preamble must:
(a) Describe the service that the program provides.
(b) Advise the caller of the price per call, including:
(A) Any per minute charge;
(B) Any flat rate charge;
(C) Any minimum charge;
(D) The maximum charge possible for the service as determined from multiplying maximum duration in minutes by the cost per minute, unless the call has a possible indefinite duration, in which case the charge for one hour of use shall be stated;
(E) Whether calls that may last more than 20 minutes are interactive or have a possible indefinite duration; and
(F) The maximum possible charges for any pay-per-call numbers to which the caller may be referred by the information provider.
(c) Advise that the billing will begin shortly after the end of the preamble. A reasonable length of time shall be allotted after the preamble to give consumers an opportunity to disconnect before the program message starts.
(3) All preambles must be clearly articulated in the language used in advertisements for the telephone number and the language used within the body of the program. The language in the preamble shall be spoken in a normal cadence and at a volume equal to that of the program message.
(4) When an information provider’s program message consists only of a polling application that permits the caller to register an opinion or to vote on a matter by completing a call, or results in a flat charge of $2 or less, this section does not apply. [1991 c.672 §2]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.710 - Pay-per-call information; disclosure.

(1) An information provider that advertises pay-per-call services that are broadcast by radio or television, contained in home videos or that appear on movie screens must include an announcement that accurately represents the price of the service being advertised. The announcement must be clearly articulated in the language used in the body of the program or any other language spoken in the advertisement. These price disclosures shall be spoken in a normal cadence and at a volume equal to that used to announce the telephone number in the advertisement. The advertisement must state the price of the service each time the telephone number of the information provider appears in the advertisement.
(2) An information provider that advertises pay-per-call services that are broadcast by television, contained in home videos or that appear on movie screens must include, in clearly visible letters and numbers set against a contrasting background, the cost of calling the advertised number. Visual disclosure of the cost of the call must be displayed adjacent to the advertised telephone number each time the number appears in the advertisement. The lettering of the visual disclosure of the cost of the call must be the same size and typeface as that of the advertised telephone number.
(3) Except as provided in subsection (5) of this section, an information provider that advertises pay-per-call services that appear in printed material must include, in clearly visible letters and numbers set against a contrasting background, the cost of calling the advertised telephone number. The printed disclosure of the cost of the call must be displayed adjacent to the advertised number each time the number appears in the advertisement. The lettering of the visual disclosure of the cost of the call must be the same size and typeface as that of the advertised telephone number.
(4) Except as provided in subsection (5) of this section, an information provider that advertises pay-per-call services must include the price or cost, including:
(a) Any per minute charge;
(b) Any flat rate charge;
(c) Any minimum charge;
(d) The maximum charge possible for the service as determined by multiplying maximum duration in minutes by the cost per minute, unless the call has a possible indefinite duration, in which case the charge for one hour of use shall be stated;
(e) An indication whether calls are interactive or have a possible indefinite duration; and
(f) The maximum possible charges for all pay-per-call numbers to which the caller will be referred by the telephone number being advertised.
(5) An information provider that advertises pay-per-call services in telephone directory classified advertising must include a conspicuous disclosure in the advertisement that the call is a pay-per-call service. [1991 c.672 §3]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.715 - Information service blocking; suspension or termination of telephone service for nonpayment of information service charges; rules.

(1) Local exchange carriers shall make information delivery service blocking available to all customers as soon as such a system becomes technically available to local exchange carriers. Local exchange carriers shall notify customers of such a blocking service when available.
(2) A customer’s local or long distance service shall not be suspended or terminated for nonpayment of information delivery service charges. The Public Utility Commission through orders and rules shall require telephone utilities providing billing services for information providers to adequately inform consumers of their rights concerning information providers. [1991 c.672 §§5,6]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.720 - Action against information provider for failure to comply with law; remedies; customer liability for charges.

(1) Any customer, telecommunications utility or local exchange carrier who suffers damages from a violation of ORS 646.608, 646.639 and 759.700 to 759.720 by an information provider has a cause of action against such information provider. The court may award the greater of three times the actual damages or $500, or order an injunction or restitution. Except as provided in subsection (2) of this section, the court may award reasonable attorney fees to the prevailing party in an action under this section.
(2) The court may not award attorney fees to a prevailing defendant under the provisions of subsection (1) of this section if the action under this section is maintained as a class action pursuant to ORCP 32.
(3) When an information provider has failed to comply with any provision of ORS 646.608, 646.639 and 759.700 to 759.720, any obligation by a customer that may have arisen from the dialing of a pay-per-call telephone number is void and unenforceable.
(4) Any obligation that may have arisen from the dialing of a pay-per-call telephone number is void and unenforceable if made by:
(a) An unemancipated child under 18 years of age; or
(b) A person whose physician or naturopathic physician substantiates that:
(A) The person has a mental or emotional disorder generally recognized in the medical or psychological community that makes the person incapable of rational judgments and comprehending the consequences of the person’s action; and
(B) The disorder was diagnosed before the obligation was incurred.
(5) Upon written notification to the information provider or the billing agent for the information provider that a bill for information delivery services is void and unenforceable under subsection (2) or (4) of this section, no further billing or collection activities shall be undertaken in regard to that obligation.
(6) The telecommunications utility or local exchange carrier may require the customer to take pay-per-call telephone blocking service after the initial obligation has been voided. [1991 c.672 §4; 1993 c.513 §1; 1995 c.696 §49; 2017 c.356 §102]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.730 - Unauthorized changes in telecommunications carriers ("slamming"); rules.

(1) The Public Utility Commission may by rule assume primary responsibility for resolving consumer complaints relating to changes in a consumer’s telecommunications carrier, as defined in ORS 759.400, in violation of federal laws, federal regulations or Federal Communications Commission orders.
(2) If the Public Utility Commission assumes primary responsibility for resolving consumer complaints relating to changes in a consumer’s telecommunications carrier under this section, the commission shall by rule:
(a) Establish a complaint process for consumers who have had changes in telecommunications carriers;
(b) Establish a process for investigating complaints under this section; and
(c) Establish appropriate remedies for consumers who have had changes in telecommunications carriers in violation of federal laws, federal regulations or Federal Communications Commission orders.
(3) Rules adopted by the Public Utility Commission under this section must be consistent with federal laws, federal regulations and Federal Communications Commission orders relating to resolution of consumer complaints arising out of changes in telecommunications carriers, and may not impose more stringent conditions or penalties for changes in telecommunications carriers than the conditions and penalties imposed by federal laws, federal regulations or Federal Communications Commission orders for changes in telecommunications carriers.
(4) The Public Utility Commission may not adopt rules under this section that are applicable to radio common carriers.
(5) Nothing in this section affects the ability of the Attorney General to seek remedies under ORS 336.184 and 646.605 to 646.652 to the extent that an unauthorized change in telecommunications carriers constitutes an unlawful practice under ORS 336.184 and 646.605 to 646.652. [2003 c.642 §2]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.900 - Liability of utility; effect on other remedies; liability for personal injury or property damage.

(1) Any telecommunications utility which does, or causes or permits to be done, any matter, act or thing prohibited by this chapter or ORS chapter 756, 757 or 758 or omits to do any act, matter or thing required to be done by such statutes, is liable to the person injured thereby in the amount of damages sustained in consequence of such violation. Except as provided in subsection (2) of this section, the court may award reasonable attorney fees to the prevailing party in an action under this section.
(2) The court may not award attorney fees to a prevailing defendant under the provisions of subsection (1) of this section if the action under this section is maintained as a class action pursuant to ORCP 32.
(3) Any recovery under this section does not affect recovery by the state of the penalty, forfeiture or fine prescribed for such violation.
(4) This section does not apply with respect to the liability of any telecommunications utility for personal injury or property damage. [1989 c.827 §4; 1995 c.696 §51]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.990 - Penalties.

(1) Any telecommunications utility violating ORS 759.260 commits a Class A violation. Violation of ORS 759.260 by an officer or agent of a telecommunications utility is a Class D violation.
(2) Violation of ORS 759.275 is a specific fine violation punishable by a fine of not more than $10,000.
(3) Violation of ORS 759.280 is a Class A violation.
(4) Violation of ORS 759.355 is a specific fine violation punishable by a fine of not more than $20,000.
(5) Violation of ORS 759.360 is a Class C felony.
(6) A telecommunications carrier, as defined in ORS 759.400, shall forfeit a sum of not less than $100 nor more than $50,000 for each time that the carrier:
(a) Violates any statute administered by the Public Utility Commission;
(b) Commits any prohibited act, or fails to perform any duty enjoined upon the carrier by the commission;
(c) Fails to obey any lawful requirement or order made by the commission; or
(d) Fails to obey any judgment made by any court upon the application of the commission.
(7) In construing and enforcing subsection (6) of this section, the act, omission or failure of any officer, agent or other person acting on behalf of or employed by a telecommunications carrier and acting within the scope of the person’s employment shall in every case be deemed to be the act, omission or failure of such telecommunications carrier.
(8) Except when provided by law that a penalty, forfeiture or other sum be paid to the aggrieved party, all penalties, forfeitures or other sums collected or paid under subsection (6) of this section shall be paid into the General Fund and credited to the Public Utility Commission Account. [1987 c.447 §52; 1999 c.1051 §225; 1999 c.1093 §39; 2003 c.576 §563; 2011 c.597 §94]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 760 - (Former Provisions) › Section 760.005

[Amended by 1971 c.655 §104; 1983 c.131 §1; 1983 c.272 §1; 1985 c.541 §4; renumbered 824.020 in 1995]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 760 - (Former Provisions) › Section 760.010

[Amended by 1971 c.655 §105; 1975 c.318 §3; 1983 c.272 §2; 1993 c.140 §1; renumbered 824.022 in 1995]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 761 - (Former Provisions) › Section 761.120

[Amended by 1971 c.655 §133; 1973 c.171 §3; 1975 c.318 §2; 1983 c.703 §19; renumbered 824.050 in 1995]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 761 - (Former Provisions) › Section 761.190

[1973 c.171 §2; 1979 c.82 §4; 1981 c.355 §1; 1987 c.158 §155; renumbered 824.054 in 1995]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 761 - (Former Provisions) › Section 761.990

[Amended by 1965 c.253 §150; 1971 c.655 §139; subsection (4) enacted as 1971 c.586 §3; 1975 c.132 §6; 1977 c.685 §7; 1989 c.405 §4; 1995 c.733 §40a; renumbered 824.114 (1) to (5) in 1995]