Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 100 - OREGON UNIVERSAL SERVICE FUND (OUSF) › Section 860-100-0110 - Quarterly OUS Fund Reporting: Filing and Payment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purpose of the OUS fund, a
			 telecommunications provider must file its contribution report with the OUS
			 Administrator. For the first quarter (January through March) the contribution
			 report is due on or before May 28, for the second quarter (April through June)
			 it is due on or before August 28, for the third quarter (July through
			 September) it is due on or before November 28, and for the fourth quarter
			 (October through December) it is due on or before February 28 of the following
			 year. The contribution report must include the signature of an officer of the
			 telecommunications provider, or an officer's designee, verifying the accuracy
			 of the information in the contribution report. In the case of the electronic
			 filing, the required signature is an electronic signature. A telecommunications
			 provider must send or transmit its contribution report so that it is received
			 in the OUS Administrator's offices no later than 5 p.m. on the date it is
			 due.
(2) A telecommunications
			 provider must file the contribution report for each quarter with no exceptions,
			 including when the contribution amount shown on the report is $0.00.
(3) The amount shown on the contribution
			 report referenced in section (1) of this rule is due and payable by the
			 telecommunications provider on or before the following days: February 28, May
			 28, August 28, and November 28. A telecommunications provider must send payment
			 (electronically or by mail) so that it is received in the Commission's offices
			 by no later than 5 p.m. on the date it is due.
(4) If the telecommunications provider's
			 contribution amount for a quarter is less than a minimum of $10 (i.e., $9.99 or
			 less), the telecommunications provider is not required to pay the contribution
			 amount for that quarter but it must still file its contribution report. If the
			 telecommunications provider has outstanding amounts owing for contributions,
			 late statement fees, late payment penalties, and interest totaling more than
			 the $10 minimum amount, this section does not apply and the total amount is due
			 and payable.
(5) If a
			 telecommunications provider fails to file a contribution report as required by
			 these rules, the Commission will impose a late report fee of $100.
(6) If a telecommunications provider files a
			 contribution report but fails to pay the contribution amount in full on or
			 before the day it is due, the Commission will add a late payment fee equal to
			 nine percent (9%) of the unpaid amount of the contribution, up to a maximum of
			 $500.
(7) If a telecommunications
			 provider fails to pay the contribution amount in full on or before the day it
			 is due, the Commission will add interest on the unpaid contribution amount at
			 the rate of nine percent per annum from the day payment was due until
			 paid.
(8) If the amount shown due
			 on a contribution report is not paid on the due date, the Commission may issue
			 a written notice of proposed assessment or proposed order to set the sum due.
			 The Commission may waive the late report fee, the late payment fee, the
			 interest on the unpaid contribution amount, or any combination thereof, if the
			 provider requests the waiver and provides evidence showing that the provider
			 paid its contribution amount late due to circumstances beyond its
			 control.
(9) A telecommunications
			 provider must submit revisions to a previously-filed contribution report no
			 later than three years from its due date. If making the refunds arising from
			 one or more Commission-verified revised contribution reports received from the
			 telecommunications provider would have a material financial impact on the OUS
			 fund, the OUSF Board may enter into an agreement with the telecommunications
			 provider to spread payment of the refunds over a time period not to exceed
			 three years.
(10) For the purpose
			 of its contribution reports to the OUS Fund, a commercial mobile radio service
			 provider and an interconnected VoIP service provider may use one of the
			 following methods to allocate its revenue from commercial mobile radio service
			 and interconnected VoIP service, but must use the same method for the OUS Fund
			 that it uses for the federal universal service fund assessment for the
			 corresponding time period:
(a) The FCC safe
			 harbor allocation specified in the Instructions to the Telecommunications
			 Reporting Worksheet, FCC Form 499-A; or
(b) A traffic study if that traffic study
			 meets the requirements described in the Instructions to the Telecommunications
			 Reporting Worksheet, FCC Form 499-A, and was filed with the Universal Service
			 Administration Company (USAC) for the corresponding time period; or
(c) Another means of accurately classifying
			 revenues from commercial mobile radio service and interconnected VoIP service
			 between federal and state jurisdictions.