reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 33 - RESIDENTIAL SERVICE PROTECTION FUND (RSPF) › Section 860-033-0100 - Toll Limitation Service and Prohibited Charges

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon request and availability, an OTAP or
			 Lifeline customer is entitled to Toll Limitation Service from an Eligible
			 Telecommunications Provider at no additional charge.
(2) An Eligible Telecommunications Provider
			 may not charge the OTAP or Lifeline customer:
(a) The federal universal service fund fee on
			 the local service portion of the phone bill;
(b) The local number portability fee; or
(c)The access recovery
			 fee.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 33 - RESIDENTIAL SERVICE PROTECTION FUND (RSPF) › Section 860-033-0110 - Advertising, Marketing and Outreach

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An Eligible Telecommunications Provider
			 may not conceal or misstate a material fact about OTAP or the Lifeline program
			 in advertising, marketing materials or other outreach to Oregon
			 consumers.
(2) An Eligible
			 Telecommunications Provider must explain in plain language and disclose in OTAP
			 and Lifeline marketing materials:
(a) That
			 the Eligible Telecommunications Provider's offering is an OTAP and Lifeline
			 supported service;
(b) That OTAP
			 and Lifeline are government assistance programs. This disclosure must be
			 conspicuous;
(c) The name of the
			 Eligible Telecommunications Provider or offering the OTAP and Lifeline
			 supported service;
(d) That only
			 eligible low-income customers may enroll in OTAP and Lifeline supported
			 programs;
(e) That proof of
			 eligibility may be necessary for enrollment;
(f) That OTAP and Lifeline supported services
			 are limited to one benefit per household, consisting of either wireline or
			 wireless basic service, a bundle of basic service and broadband internet access
			 services, or broadband internet access service; and
(g) That OTAP and Lifeline supported services
			 are non-transferable.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 33 - RESIDENTIAL SERVICE PROTECTION FUND (RSPF) › Section 860-033-0505 - Telecommunication Devices Access Program (TDAP) Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Adaptive Equipment" means equipment that
			 permits a person with a disability, other than a hearing or speech impairment,
			 to communicate effectively on the telephone.
(2) "Assistive Telecommunication Device"
			 means a device that uses a keyboard, acoustic coupler, display screen, Braille
			 display, speakerphone, or amplifier to enable a person who is deaf, deaf-blind,
			 hard of hearing, speech or vision impaired or who has a disability to
			 communicate effectively on the telephone.
(3) "Disability" means a physical condition
			 other than hearing or speech impairment that requires the use of adaptive
			 equipment to communicate effectively on the telephone.
Statutory/Other Authority: ORS 183, ORS 756, ORS 759 &
				  Ch. 290 OL 1987
Statutes/Other Implemented: ORS
				  756.040, ORS
				  759.036  & Ch. 290 OL 1987
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 33 - RESIDENTIAL SERVICE PROTECTION FUND (RSPF) › Section 860-033-0506

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 183, 756, 759 & Ch. 290, OL 1987
Stats. Implemented: ORS
				  756.040,
				  759.036 & Ch. 290, OL
				  1987
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 33 - RESIDENTIAL SERVICE PROTECTION FUND (RSPF) › Section 860-033-0535 - Ownership Conditions and Liability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All Assistive Telecommunication Devices
			 or Adaptive Equipment purchased by the Commission remain the property of the
			 State of Oregon for four years from the Commission's purchase date.
(2) A recipient who received TDAP equipment
			 when under the age of 18 must sign a new Conditions of Acceptance form within
			 30 calendar days after becoming 18 years of age. Similarly, if there is a
			 change in legal guardian for an adult recipient, the new guardian must sign a
			 Conditions of Acceptance form within 30 calendar days of the change in
			 guardianship.
(3) The Commission
			 will not provide an Assistive Telecommunication Device or Adaptive Equipment to
			 an application or recipient when the applicant or recipient owes any amount of
			 money due and payable to the Commission under the terms of an order.
(4) A recipient may trial two Assistive
			 Telecommunication Devices or Adaptive Equipment for 60 calendar days. The
			 recipient must return one Assistive Telecommunication Device or Adaptive
			 Equipment to the Commission with 30 days after the end of the trial
			 period.
(5) A recipient of an
			 Assistive Telecommunication Device or Adaptive Equipment is responsible for the
			 appropriate care and the costs related to the use of an Assistive
			 Telecommunication Device or Adaptive Equipment.
(6) A recipient may not sell, lease, give
			 away, or loan any Assistive Telecommunication Device or Adaptive Equipment. A
			 recipient may not use any Assistive Device or Adaptive Equipment as collateral
			 for a loan of any type or as a pledge for a pawn loan.
(7) A recipient who moves to a different
			 address within Oregon must report the new address to the Commission within 30
			 calendar days of the move. Before moving out of Oregon, a recipient must return
			 all Assistive Telecommunication Devices or Adaptive Equipment to the
			 Commission.
(8) Except for the
			 first instance of equipment damage or loss in sections (5), (7), (8)(a), and
			 (8)(b) of this rule, the recipient is financially responsible for:
(a) Damage to the Assistive Telecommunication
			 Device or Adaptive Equipment not caused by normal wear and tear, force majeure,
			 or acts of terrorism;
(b) Loss of
			 the Assistive Telecommunication Device or Adaptive Equipment; or
(c) Failure to comply with sections (4), (5),
			 (6), (7), or (8) of this rule.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 33 - RESIDENTIAL SERVICE PROTECTION FUND (RSPF) › Section 860-033-0536

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 183, 756, 759 & 1987 OL Ch. 290
Stats. Implemented: ORS
				  756.040,
				  759.036 & 1987 OL Ch.
				  290
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 33 - RESIDENTIAL SERVICE PROTECTION FUND (RSPF) › Section 860-033-0537 - Notice of Proposed Assessment, Hearing, and Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the recipient does not comply with the
			 requirements in OAR 860-033-0535, the Commission may issue a notice of proposed
			 assessment to the recipient at the address on file with the Commission for the
			 cost to repair or replace the Assistive Telecommunication Device or Adaptive
			 Equipment while it remains the property of the State of Oregon.
(a) The Commission may assess the full
			 replacement cost when the recipient's violation of OAR 860-033-0535  occurs in
			 the first year following purchase of the Assistive Telecommunication Device or
			 Adaptive Equipment, seventy-five percent of the replacement cost in the second
			 year following its purchase, fifty percent of the replacement cost in the third
			 year following its purchase, and twenty-five percent in the fourth year
			 following its purchase.
(b) Within
			 30 days after the service of the notice of proposed assessment, the recipient
			 may submit a written request for a hearing. The request for hearing must
			 include a written response that admits or denies all factual matters alleged in
			 the notice of proposed assessment, and alleges any and all affirmative defenses
			 and the reasoning in support thereof. The Commission must receive the request
			 for hearing within 30 days of the date the notice of proposed assessment was
			 mailed.
(c) If the recipient timely
			 files a written request for a hearing as set forth in subsection (b) of this
			 section of this rule, the Commission will grant the recipient a hearing and
			 give at least 10 days' notice of the time and place of the hearing. The
			 Commission will conduct the hearing under its rules governing hearings and
			 proceedings.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 33 - RESIDENTIAL SERVICE PROTECTION FUND (RSPF) › Section 860-033-0540

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 183, 756, 759 & 1987 OL Ch. 290
Stats. Implemented: ORS
				  756.040,
				  759.036 & 1987 OL Ch.
				  290
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 33 - RESIDENTIAL SERVICE PROTECTION FUND (RSPF) › Section 860-033-0545

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 183, 756, 759 & Ch. 290, OL 1987
Stats. Implemented: ORS
				  756.040,
				  759.036 & Ch. 290, OL
				  1987
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 33 - RESIDENTIAL SERVICE PROTECTION FUND (RSPF) › Section 860-033-0560

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 183, 756, 759 & Ch. 290, OL 1987
Stats. Implemented: ORS
				  756.040,
				  759.036 & Ch. 290, OL
				  1987
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0010 - Scope of the Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon
			 request or its own motion, the Commission may waive any of the Division 034
			 rules for good cause shown. A request for waiver must be made in writing,
			 unless otherwise allowed by the Commission.
(2) The rules contained in this division
			 apply exclusively to telecommunications cooperatives and small
			 telecommunications utilities as defined in section (3) of this rule.
(3) As used in this division:
(a) "Small telecommunications utility" means
			 a telecommunications utility partially exempt from regulation under ORS
			 759.040;
(b) "Telecommunications utility" has the
			 meaning given the term in ORS
			 759.005;
(c) "Telecommunications cooperative" or "Type
			 1 cooperative" means an unincorporated association or cooperative corporation
			 that provides telecommunications services; and
(d) "Type 2 cooperative" means an
			 unincorporated association or cooperative corporation that charges joint rates
			 or provides through services as defined in OAR 860-034-0015.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0015 - Through Service

Current through Register Vol. 63, No. 7, July 1, 2024
"Through service" means an Oregon intrastate telecommunications
				service the provision of which involves the facilities, equipment, or services
				of two or more telecommunications utilities and/or cooperatives. Examples of
				"through services" may include, but are not limited to, intrastate toll/access
				service, extended area service, and E 9-1-1 service. Whether a service is a
				"through service" is determined on a case-by-case basis.
Stat. Auth.: ORS 183 & 759
Stats. Implemented: ORS
				  756.040 &
				  759.220
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0020 - Definitions for OAR 860-034-0030 through 860-034-0290

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 860-034-0030  through 860-034-0290:
(1) "Applicant" means a person who:
(a) Applies for service with a small
			 telecommunications utility; or
(b)
			 Reapplies for service at a new or existing location after service has been
			 discontinued.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0030 - Applications for Service from a Small Telecommunications Utility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An application
			 for telecommunications utility service must be made when:
(a) Service is requested by a person who has
			 not previously been served by the small telecommunications utility;
			 or
(b) Service has been
			 involuntarily discontinued in accordance with these rules, and the person later
			 seeks to have service restored.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0040 - Information for Utility Customers and Applicants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each small telecommunications utility
			 shall, upon request, furnish each customer and applicant with such information
			 as is reasonable to permit them to secure efficient service.
(2) Each small telecommunications utility
			 shall keep on file and open for public inspection at its offices, complete rate
			 schedules, contract forms, rules and regulations of the utility, and a copy of
			 the Commission's rules and regulations.
(3) Each small telecommunications utility
			 shall supply, upon request, a copy of the tariffs applicable to the type or
			 types of service furnished to the customer by the utility.
(4) Upon application for new service, or upon
			 subsequent request, the small telecommunications utility shall assist the
			 customer or applicant in selecting the most advantageous rate to meet
			 individual service requirements. The customer or applicant shall be responsible
			 for making the final selection of a rate schedule.
(5) When service is initiated and not less
			 than once each year thereafter, every small telecommunications utility shall
			 give its residential customers a written summary of their rights and
			 responsibilities. If service is initiated without a personal visit between the
			 small telecommunications utility and the customer, the utility shall mail the
			 summary to the customer no later than when the first bill statement is mailed.
			 A small telecommunications utility satisfies the annual notification
			 requirement by prominent publication of the information in a telephone
			 directory distributed to its customers annually. The summary shall include the
			 text of a summary prepared by the Commission's Consumer Services Division or
			 prepared by the small telecommunications utility and approved by the Commission
			 that describes:
(a) The customer's option to
			 designate a third party to receive bills and notices and the availability of
			 notices in languages other than English;
(b) Applicable financial assistance programs,
			 such as the Oregon Telephone Assistance Program and Link-Up America;
(c) The availability of medical
			 certificates;
(d) Special payment
			 options. Late-payment charges, if any, shall be explained, along with the
			 availability of any preferred billing date option;
(e) Procedures for conflict resolution,
			 including how to register a dispute with the small telecommunications utility
			 and with the Commission and the toll-free number of the Commission's Consumer
			 Services Division;
(f) Listings of
			 consumer organizations that participate in Commission proceedings, including
			 addresses and telephone numbers, may be requested from the Commission's
			 Consumer Services Division; and
(g)
			 The Commission's telephone solicitation rules.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0050 - Multilingual Notices

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 small telecommunications utility shall provide a multilingual disconnect notice
			 when 5 percent or 500 customers, whichever is the lesser, have requested such a
			 notice.
(2) Disconnect notices as
			 required in section (1) of this rule shall contain the following information
			 translated into the requested languages:
IMPORTANT NOTICE: Your telephone services will be shut off due
				to an unpaid balance on your account. You must act immediately to avoid
				shutoff. Important information about how you can avoid shutoff is printed in
				English in the enclosed notice. If you cannot understand English, please find
				someone to translate the notice. If translation assistance is unavailable,
				please contact (name) at (phone number) who will try to help you. Information
				on customer's rights and responsibilities printed in this language is also
				available by calling that number. YOU MUST ACT NOW TO AVOID SHUTOFF.
(3) The Commission may grant a
			 waiver of the multilingual notice requirement under OAR 860-034-0010(1), for a
			 period not to exceed two calendar years, if the small telecommunications
			 utility shows that it Oregon customers would not benefit from such notice. The
			 small telecommunications utility may request a waiver of the multilingual
			 notice every two years.
(4) The
			 Commission will translate a consumer's rights and responsibilities summary into
			 the following non-English languages: Spanish, Vietnamese, Cambodian, Laotian,
			 and Russian. The Commission will provide copies to a small telecommunications
			 utility upon request.
(5) The small
			 telecommunications utility shall record all requests and promptly mail the
			 requested version of the summary to the consumer.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
				  756.040 &
				  759.030
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0060 - Dispute Resolution

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a
			 dispute occurs between a customer or applicant and a small telecommunications
			 utility about any charge or service, the utility must:
(a) Thoroughly investigate the matter;
(b) Promptly report the results of
			 its investigation to the complainant;
(c) Inform the complainant of the right to
			 have a small telecommunications utility supervisor review any dispute;
(d) Prepare a written record of
			 the dispute including the name and address of the complainant involved, the
			 date the complaint was received, the issues in dispute, and the disposition of
			 the matter; and
(e) Retain records
			 of the dispute for at least 36 months after the investigation is closed.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0070 - Designation of Third Party to Receive Notices

Current through Register Vol. 63, No. 7, July 1, 2024
Each small telecommunications utility shall offer its customers
				the option to designate a third party to receive bills and notices set forth in
				these rules. When a small telecommunications utility receives such designation,
				it shall send bills and notices required under these rules to the
				representative, with duplicate copies of disconnect notices also served on the
				customer.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
				  759.045
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0080 - Restrictions on Entering a Customer Residence

Current through Register Vol. 63, No. 7, July 1, 2024
No employee of a small telecommunications utility shall enter
				the residence of a customer without proper authorization except in an emergency
				endangering life or property.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
				  759.045
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0090 - Interruption of Utility Service

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Each small telecommunications utility shall keep a record of any interruption
			 of service affecting its whole system, or a major section thereof, including a
			 statement of the time, duration, and cause of interruption.
(2) Each small telecommunications utility
			 shall make all reasonable efforts to prevent interruptions of service and when
			 such interruptions occur, shall endeavor to reestablish service with the
			 shortest possible delay consistent with the safety of its customers and the
			 general public.
(3) Each small
			 telecommunications utility shall make all reasonable efforts to notify every
			 customer affected in advance of any scheduled work that will interrupt service,
			 but such notice shall not be required in case of interruption due to emergency
			 repairs or for repairs or maintenance work that results in an interruption of
			 less than five minutes. In determining reasonable notice, the small
			 telecommunications utility shall consider the length of the planned
			 interruption, the type and number of customers affected, the potential impact
			 of the interruption on customers, and other surrounding circumstances. Notice
			 may be given in writing, either via US mail or a door hanger on the affected
			 premises, or by contact with the customer or an adult at the residence by
			 personal visit or by telephone.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
				  759.045
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0095 - Annual Fees Payable to the Commission by a Small Telecommunications Utility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) On
			 statement forms prescribed by the Commission, each small telecommunications
			 utility must provide the requested information for the subject year.
(2) Each small telecommunications utility
			 must pay to the Commission an annual fee on gross retail intrastate revenue
			 derived within Oregon at a rate determined by Commission orders entered on or
			 before November 1 of each year.
(a) A minimum
			 annual fee of $100. The annual fee is due on or before April 1 of the year
			 after the calendar year on which the annual fee is based. The annual fee rate
			 will not exceed the rate authorized in ORS
			 756.310 of the gross retail intrastate revenue during the calendar year on which the
			 annual fee is based.
(b) A late
			 statement fee in accordance with OAR 860-001-0050, if the Commission has not
			 received the utility's statement form, completed in compliance with section (1)
			 of this rule, on or before 5 p.m. Pacific Time on the fifth business day
			 following the due date.
(c) A
			 penalty fee for failure to pay the full amount when due, as required under ORS
			 756.350 and OAR 860-032-0008(1).
(d) A
			 service fee in accordance with OAR 860-001-0050  for each payment returned for
			 non-sufficient funds.
(e) All costs
			 incurred by the Commission to collect a past-due annual fee from the
			 utility.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0097 - Estimated Annual Fees Payable to the Commission

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For any year in which a small
			 telecommunications utility fails to file a completed statement form, the
			 Commission may determine a proposed annual fee based upon any information
			 available to the Commission. The proposed annual fee must:
(a) Include a penalty fee for failure to pay
			 as required by ORS 756.350;
(b) Include a late statement fee in
			 accordance with OAR 860-001-0050; and
(c) Be made no later than three (3) years
			 after the statement form's due date.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0100 - Temporary Utility Service

Current through Register Vol. 63, No. 7, July 1, 2024
Each small telecommunications utility may render temporary
				service to a customer and may require the customer to bear all the cost of
				installing and removing the service in excess of any salvage realized. The
				length of temporary service shall be specified in the applicable tariffs on
				file with the Commission.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
				  759.045
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0110 - Due and Payable Period

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Each small telecommunications utility shall establish procedures to ensure that
			 the period from the billing transmittal for all current charges, including
			 payment of final bills, to the due date, is not less than 15 days.
(2) If the bill is delivered by US mail, the
			 due and payable period begins the day after the US Postal Service postmark or
			 the day after the date of postage metering.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
				  759.045
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0120 - Late-Payment Charge

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A small
			 telecommunications utility may apply a late-payment charge to customer accounts
			 not paid in full each month, provided the utility has filed the late-payment
			 charge in its rate schedule.
(2)
			 The charge will be based on a monthly late-payment rate applied to overdue
			 account balances at the time of preparing the subsequent month's bill for
			 residential accounts or by the bill due date for all other accounts. The
			 late-payment charge may not be applied to time-payment accounts that are
			 current. The current late-payment rate and the conditions for its application
			 to customer accounts must be specified on the utility bill.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
				  759.040 &
				  759.045
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0130 - Adjustment of Utility Bills

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When a small telecommunications utility has incorrectly billed a retail
			 customer, the utility must take corrective action as follows:
(a) If the date of the error can be
			 determined, the small telecommunications utility must issue a bill credit or
			 refund for the over-charge or a corrected bill for the under-charge back to
			 such date. If the date of the error cannot be determined, the small
			 telecommunications utility must issue a refund or bill credit for the
			 over-charge or rebill the under-charge for no more than six months' usage.
(b) In no event may a small
			 telecommunications utility issue a corrected bill or refund for more than three
			 years of incorrectly billed charges.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0140 - Establishing Credit for Residential Utility Service

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant or customer may demonstrate
			 satisfactory credit for new or continuing service by showing any of the
			 following, provided that a deposit is not required under section (2) of this
			 rule:
(a) Received 12 months of continuous
			 telecommunications utility service during the preceding 24 months and the small
			 telecommunications utility can verify, either by contacting the former utility
			 or through an authorized letter provided by the applicant or customer, that the
			 applicant or customer voluntarily terminated service and timely paid for all
			 services rendered; or
(b) Proof of
			 ability to pay by providing either:
(A) Proof
			 of employment during the entire 12 months previous to the application of
			 service for person(s) responsible for payment on the account and a work
			 telephone number to enable the small telecommunications utility to verify
			 employment; or
(B) A statement or
			 other documentation from the income provider or an authorized representative,
			 that the small telecommunications utility can verify, indicating that the
			 applicant or customer receives a regular source of income.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0160 - Interest on Deposits for Residential and Nonresidential Utility Service

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each year, the
			 Commission shall establish an annual interest rate that must be paid on
			 customer deposits. The Commission will base the rate upon consideration of the
			 effective interest rate for new issues of one-year Treasury Bills issued during
			 the last week of October, the interest rate on the most recent issuance of
			 one-year Treasury Bills, or the effective interest rate for the average yield
			 of Treasury Bills of the closest term issued during the last week of October.
			 This interest rate, rounded to the nearest one-half of one percent, shall apply
			 to deposits held during January 1 through December 31 of the subsequent year.
			 The Commission will advise all small telecommunications utilities of the
			 changes in the rate to be paid on customer deposits held as needed.
(2) Upon payment of a deposit, the small
			 telecommunications utility shall provide the customer documentation showing the
			 date, name of the applicant or customer, the service address, the amount of
			 deposit, a statement that the deposit will accrue interest at the rate
			 prescribed by the Commission, and an explanation of the conditions under which
			 the deposit will be refunded.
(3)
			 If the deposit is held beyond one year, accrued interest will be paid by a
			 credit to the customer's account. If held less than one year, interest will be
			 prorated. A small telecommunications utility shall keep a detailed record of
			 each deposit received until the deposit is credited or refunded.
Stat. Auth.: ORS 183, 756, 759 & Ch. 290, OL 1987
Stats. Implemented: ORS
				  759.045 & Ch. 290, OL
				  1987
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0170 - Refund of Deposits for Residential and Nonresidential Utility Service

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A small
			 telecommunications utility shall promptly refund a customer's deposit with
			 accrued interest when utility service is terminated, provided a refund due
			 shall first be applied to any unpaid balance on the customer's
			 account.
(2) A small
			 telecommunications utility may continue holding a deposit until credit is
			 satisfactorily established or reestablished. For purposes of this rule, credit
			 shall be considered to be established or reestablished if one year after a
			 deposit is made:
(a) The account is
			 current;
(b) Not more than two
			 five-day disconnection notices were issued to the customer during the previous
			 12 months; and
(c) The customer was
			 not disconnected for nonpayment during the previous 12 months.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0180 - Grounds for Disconnecting Utility Service

Current through Register Vol. 63, No. 7, July 1, 2024
Utility service may be disconnected by a small
				telecommunications utility:
(1) When
			 the applicant or customer fails to pay a deposit or make payments in accordance
			 with the terms of a deposit payment arrangement.
(2) When the applicant or customer provides
			 false identification to establish service, continue service, or verify
			 identity.
(3) When the customer
			 fails to pay Oregon tariff or price listed charges due for services
			 rendered.
(4) When the customer
			 fails to abide by the terms of a time payment agreement.
(5) When the customer requests the small
			 telecommunications utility to disconnect service or close an account.
(6) When facilities provided are unsafe or do
			 not comply with state and municipal codes governing service or the rules and
			 regulations of the small telecommunications utility.
(7) When dangerous or emergency conditions
			 exist at the service premises under OAR 860-034-0200.
(8) When there is evidence of diverting
			 service or theft of service.
(9)
			 When the Commission approves the disconnection of service.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
				  759.045
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0190 - Voluntary Disconnection of Utility Service

Current through Register Vol. 63, No. 7, July 1, 2024
Every customer who is about to vacate any premises supplied
				with utility service by the small telecommunications utility, or who for any
				reason wishes to have such service discontinued, shall give five days' notice
				in advance of specified date of discontinuance of service to the small
				telecommunications utility. Until the small telecommunications utility shall
				have such notice, the customer shall be held responsible for all utility
				service rendered.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
				  759.045
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0200 - Emergency Disconnection of Utility Service

Current through Register Vol. 63, No. 7, July 1, 2024
In emergencies endangering life or property, a small
				telecommunications utility may terminate utility service without following the
				procedures set forth in division 034. However, the small telecommunications
				utility shall immediately thereafter notify the Commission. In such cases,
				where the necessity for emergency termination was through no fault of the
				customer, there will be no charge made for restoration of utility
				service.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
				  759.045
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0210 - Disconnection of Utility Service on Weekends and Holidays

Current through Register Vol. 63, No. 7, July 1, 2024
Utility service shall not be disconnected for nonpayment on or
				the day prior to a weekend or a state or utility-recognized
				holiday
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
				  759.045
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0220 - Accounts Not Related to Residential Utility Service

Current through Register Vol. 63, No. 7, July 1, 2024
A small telecommunications utility may not deny or disconnect
				residential utility service due to the failure to pay for nonresidential
				utility service, or to meet obligations in connection with nonresidential
				utility service.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
				  759.045
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0230 - Reconnection Fee for Utility Service

Current through Register Vol. 63, No. 7, July 1, 2024
Where a utility service is disconnected pursuant to OAR
				860-034-0180, the small telecommunications utility may charge the reconnection
				fee set forth in its tariff.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
				  759.045
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0240 - Transfer Billings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a
			 small telecommunications utility identifies a balance a customer owes the
			 utility from the customer's prior account for Oregon utility service, the small
			 telecommunications utility may transfer the amount to the customer's current
			 account after giving the customer notice of the transfer, the amount due under
			 the prior account, the period of time during which the balance was incurred,
			 and the service address or telephone number under which the bill was incurred.
			 The notice must also meet the provisions of OAR 860-034-0260(3)(d) and (e). If
			 the bill is identified at the time a customer changes residences, the
			 provisions of this rule apply. A small telecommunications utility may pursue
			 disconnection for nonpayment of a customer's current utility service only in
			 compliance with OAR 860-034-0260.
(2) A small telecommunications utility shall
			 make more liberal payment arrangements for customers on medical certificates
			 who cannot reasonably be expected to pay the outstanding balance in the time
			 otherwise applicable under this rule.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
				  759.045
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0250 - Refusal of Utility Service

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Refusal of utility service by a small telecommunications utility:
(a) A small telecommunications utility may
			 refuse to provide service to a customer or applicant until the utility receives
			 full payment of any overdue amount of an Oregon tariffed or price-listed charge
			 and any other like obligation related to a prior account except for residential
			 utility service applicants who are eligible for OTAP.
(b) A small telecommunications utility may
			 refuse to provide utility service to a residential customer or applicant who is
			 eligible for OTAP until the utility receives full payment of any overdue amount
			 relating to a prior account for tariffed local exchange and price-listed
			 utility services, excluding any toll charges.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0260 - Disconnection Procedures for Commercial and Residential Utility Customers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule
			 applies to the involuntary termination of all utility service provided by a
			 small telecommunications utility.
(2) The small telecommunications utility must
			 provide written notice to the customer at least five business days before
			 disconnecting service except when the disconnection is made:
(a) At the request of the customer;
			 or
(b) When the facilities provided
			 are unsafe creating an emergency endangering life or property under OAR
			 860-021-0315.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0270 - Emergency Medical Certificate for Residential Utility Service

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A small
			 telecommunications utility shall not disconnect local exchange residential
			 service if the customer submits certification from a qualified medical
			 professional stating that disconnection would significantly endanger the
			 physical health of the customer or a member of the customer's household.
			 "Qualified medical professional" means a licensed physician,
			 nurse-practitioner, or physician's assistant authorized to diagnose and treat
			 the medical condition described without direct supervision by a
			 physician.
(2) An oral
			 certification must be confirmed in writing within 14 days by the qualified
			 medical professional prescribing medical care. A written certification must
			 include:
(a) The name of the person to whom
			 the certificate applies and relationship to the customer;
(b) A complete description of the health
			 conditions;
(c) An explanation of
			 how the person's physical health will be significantly endangered by
			 terminating the utility service;
(d) A statement indicating how long the
			 health condition is expected to last;
(e) A statement specifying the particular
			 type of utility service required (for example, access to medical facility for
			 telemonitoring); and
(f) The
			 signature of the qualified medical professional prescribing medical
			 care.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0275 - Termination of Local Exchange Residential Service for Telecommunications Customers at Significant Risk

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 "At significant risk" means:
(a) At risk of
			 domestic violence, as defined in ORS
			 135.230;
(b) At risk of unwanted sexual contact, as
			 defined in ORS 163.305;
(c) A person with disabilities, as defined in
			 ORS 124.005, who is at risk of
			 abuse, as defined in ORS
			 124.005(1)(a), (1)(d), or
			 (1)(e);
(d) An elderly person, as defined in ORS
			 124.005, who is at risk of
			 abuse, as defined in ORS
			 124.005(1)(a), (1)(d), or
			 (1)(e); or
(e) A victim of stalking, as described in ORS
			 163.732.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0276 - Time Payment Agreements for Small Telecommunications Utilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A time payment
			 agreement must contain, at a minimum, the following terms:
(a) An initial customer down payment of $10
			 or 25 percent of the balance owing for tariffed or price-listed small
			 telecommunications utility services on file with the Commission, whichever is
			 greater;
(b) Full payment of the
			 overdue balance within 90 days of the date of the agreement; and
(c) Customer agreement to keep subsequent
			 bills current.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0280 - Telephone Solicitation Notices by Small Telecommunications Utilities

Current through Register Vol. 63, No. 7, July 1, 2024
Each small telecommunications utility shall notify its
				residential customers of the provisions of ORS
				646.561, ORS
				646.563, ORS
				646.567 through
				646.578, and ORS
				646.608. The notice shall
				include a statement that a customer not wishing to be solicited may file a
				request, together with the required fees, with the telephone solicitation
				program administrator contracted by the State Attorney General. The notice
				shall include the address and the telephone number for the customer to contact
				the telephone solicitation program administrator. The notice shall be provided
				in the following manner and a copy shall be forwarded to the Commission:
(1) Annual inserts in the billing statements
			 mailed to parties; or
(2)
			 Conspicuous publication of the notice in the consumer information pages of
			 local telephone directories.
Stat. Auth.: ORS 183, 646, 756 & 759
Stats. Implemented: ORS
				  646.578 &
				  759.045
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0290 - Customer Notification and Information Delivery Services for Small Telecommunications Utilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As
			 used in this rule:
(a) "Information provider"
			 means any person, company, or corporation that operates an information delivery
			 service on a pay-per-call basis;
(b) "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. When a preexisting written
			 contract exists between the customer and the information provider, this
			 definition does not apply.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0300 - Tariffs of Small Telecommunications Utilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Small telecommunications utilities not
			 subject to ORS 759.175 must, upon the
			 Commission's request, provide copies of any schedules showing rates, tolls, and
			 charges, including all rules and regulations that in any manner affect the
			 rates charged or to be charged for any service.
(2) Small telecommunications utilities
			 subject to ORS 759.175 must file tariffs in
			 accordance with the following provisions:
(a)
			 Form and style of tariffs:
(A) Each small
			 telecommunications utility must designate the initial tariff as PUC Oregon No.
			 1, and thereafter designate successive tariffs with the next number in
			 consecutive numerical order. Supplemental information not otherwise provided by
			 the tariff must be inserted in the most appropriate location and denoted by the
			 previous sheet numbers plus a letter, for example, 3A, 3B, etc. Revisions to
			 tariffs must be denoted by 1st Revised Sheet No. 3, 2nd Revised Sheet No. 3,
			 etc.;
(B) The title page should be
			 uniform. Rates, rules, and regulations must be written only on one side of a
			 sheet. If a single sheet is insufficient, two or more pages should be used.
			 Blank forms will be furnished upon request;
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0310 - Announcement of Rate Increases by Small Telecommunications Utilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A small
			 telecommunications utility that increases any rate contained in a tariff
			 schedule must notify its affected customers at least 45 days before the
			 proposed effective date of the increase. A copy of such notification must at
			 the same time be provided to the Commission.
(2) The small telecommunications utility must
			 notify its customers by:
(a) Inserting an
			 announcement in the small telecommunications utility's regular billing to its
			 customers; or
(b) Mailing an
			 announcement to each customer.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0320 - Notice to Interested Persons of Tariffs Filed Under ORS 759.175 by Small Telecommunications Utilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule applies to any tariff filed
			 under ORS 759.175.
(2) Any person who requests of the
			 Commission, in writing, to be notified of a small telecommunications utility's
			 tariff filings covered under section (1) of this rule must be included on a
			 notice list.
(3) The Commission
			 must notify all persons on the notice list referred to in section (2) of this
			 rule of any applicable tariff filing. The notice will be given within ten days
			 of any tariff filing under section (1) of this rule that complies with OAR
			 860-034-0300.
(4) The Commission
			 may periodically delete names of persons from the notice list who do not
			 demonstrate a continued interest in receiving the notices set forth in section
			 (2) of this rule. No person's name may be deleted from the list without 20
			 days' notice before deletion.
(5)
			 The notice must include the following information:
(a) Name of the filing small
			 telecommunications utility;
(b)
			 Subject;
(c) Advice
			 number;
(d) Filing date;
(e) Effective date;
(f) Customer classes affected, if readily
			 ascertainable from the small telecommunications utility's advice letter;
			 and
(g) Whether the tariff schedule
			 is primarily related to price competition or a service alternative, if readily
			 ascertainable from the small telecommunications utility's advice
			 letter.