reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0325 - Requests to Abandon, Exempt from Regulation, or Price-List Regulated Telecommunications Services

Current through Register Vol. 63, No. 7, July 1, 2024
A small telecommunications utility is subject to the
				requirements set forth in OARs 860-032-0020, 860-032-0023, 860-032-0025, and
				860-032-0035.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
				  756.040,
				  759.020,
				  759.036,
				  759.035,
				  759.045,
				  759.050,
				  759.190 &
				  759.195
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0330 - Relating to City Privilege Taxes, Fees, and Other Assessments Imposed Upon a Small Telecommunications Utility or Type 2 Cooperative

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The aggregate
			 amount of all privilege taxes and fees and other assessments imposed upon a
			 company, as defined in section (2) of this rule, by any city in Oregon for
			 engaging in business within such city or for use and occupancy of city streets
			 and public ways, whether applied to regulated revenues, net income, or other
			 bases, shall be allowed as operating expenses of the company for rate-making
			 purposes, subject to sections (2) through (4) of this rule.
(2) As used in this rule:
(a) "Company," as used in this rule, means a
			 small telecommunications utility or Type 2 cooperative, as defined in OAR
			 860-034-0010;
(b) "Fees and other
			 assessments" means business or occupation taxes or licenses; franchise or
			 operating permit fees; sales, use, net income, gross receipts, and payroll
			 taxes, levies, or charges; and other similar exactions imposed by cities, other
			 than ad valorem taxes, upon revenues or income received from regulated
			 telecommunications services by a company;
(c) "Local access revenues" means those
			 revenues derived from exchange access services within the city, as defined in
			 ORS 401.710, less related net
			 uncollectibles;
(d) "Privilege
			 taxes" means taxes levied and collected by cities from a company for use and
			 occupancy of city streets, alleys, or highways, as provided under ORS
			 221.515;
(e) "Regulated revenues" means those revenues
			 derived from regulated telecommunications services within the city less related
			 net uncollectibles. Regulated revenues include, but are not limited to, local
			 access revenues.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0340 - Relating to Local Government Fees, Taxes, and Other Assessments Imposed Upon a Small Telecommunications Utility or Type 2 Cooperative

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Taxes," as
			 used in this rule, means sales, use, net income, gross receipts, payroll,
			 business or occupation taxes, levies, fees, or charges other than ad valorem
			 taxes.
(2) For a Type 2
			 cooperative: If any county in Oregon, other than a city-county, should impose
			 upon a Type 2 cooperative any taxes or license, franchise, or operating permit
			 fees, the Type 2 cooperative may not collect such assessments from joint rates
			 or rates for through services.
(3)
			 For a small telecommunications utility:
(a) If
			 any county in Oregon, other than a city-county, should impose upon a small
			 telecommunications utility any new taxes or license, franchise, or operating
			 permit fees, or increase any such taxes or fees, the small telecommunications
			 utility required to pay such taxes or fees shall collect from its customers
			 within the county imposing such taxes or fees the amount of the taxes or fees,
			 or the amount of increase in such taxes or fees. However, if the taxes or fees
			 cover the operations of a small telecommunications utility in only a portion of
			 a county, then the affected utility shall recover the amount of the taxes or
			 fees or increase in the amount thereof from customers in the portion of the
			 county which is subject to the taxes or fees;
(b) The amount collected from each small
			 telecommunications utility customer pursuant to section (3)(a) of this rule
			 shall be separately stated and identified in all customer billings;
(c) This rule applies to new or increased
			 taxes imposed on and after December 16, 1971, including new or increased taxes
			 imposed retroactively after that date;
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0380 - Maintenance of Plant and Equipment by Small Telecommunications Utilities

Current through Register Vol. 63, No. 7, July 1, 2024
Each small telecommunications utility shall have and maintain
				its entire plant and system in such condition that it will furnish safe,
				adequate, and reasonably continuous service. Each small telecommunications
				utility shall inspect its plant distribution system and facilities in such
				manner and with such frequency as may be needed to ensure a reasonably complete
				knowledge about their condition and adequacy at all times. The small
				telecommunications utility shall keep such records of the conditions found as
				the utility considers necessary to properly maintain its system, unless in
				special cases the Commission requires a more complete record.
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 860-034-0392 - Accounting for Directors' Fees by Small Telecommunications Utilities

Current through Register Vol. 63, No. 7, July 1, 2024
Directors' fees paid by a small telecommunications utility to
				members of its board of directors, who are also paid as officers of the
				utility, shall not be recognized as a charge to operating expenses in
				Oregon.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
				  756.040 &
				  759.045
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0393 - Uniform System of Accounts for Small Telecommunications Utilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Uniform
			 System of Accounts for Telecommunications Companies, Part 32, adopted by the
			 Federal Communications Commission (FCC) on February 6, 2002, is hereby adopted
			 and prescribed for all Type 2 cooperatives utilities except as modified for
			 intrastate purposes in sections (2) through (5) of this rule.
(2) A Type 2 cooperative may follow Class B
			 accounting except when Class A accounting is needed to complete intrastate
			 depreciation and jurisdictional separation studies, to provide the details
			 requested in annual reports under OAR 860-034-0750, and to comply with other
			 Oregon rules and statutes.
(3) The
			 allocation rules in Part 32, Section 32.27, are replaced by OAR
			 860-034-0740(3).
(4) For
			 construction work in progress and property held for future use, each Type 2
			 cooperative shall maintain subsidiary records consistent with ORS
			 759.285.
(5) Each Type 2 telecommunications
			 cooperative shall maintain subsidiary records sufficient to identify the
			 following universal service fund collection, revenues, and expenses:
(a) [Reserved].
(b) Federal universal service fund collection
			 (Account 5081).
(c) Federal
			 universal service fund contribution (Account 6540).
(d) State universal service fund collection
			 and contribution (Account 4010).
(e) Interstate and intrastate switched access
			 revenue (Account 5082).
(f)
			 Interstate and intrastate special access revenue (Account 5083).
(g) [Reserved].
(h) Distributions from the federal USF and
			 the Oregon USF.
(i) Depreciation
			 expenses related to telecommunications plant in service, depreciation expense
			 related to property held for future use, and amortization expense.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0394 - Allocation of Costs by Small Telecommunications Utilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this
			 rule:
(a) "Affiliate transaction" means a
			 transfer of assets, a sale of supplies, or a sale of services between accounts
			 for regulated activities of a small telecommunications utility and accounts for
			 nonregulated activities of a separate entity that is either an affiliated
			 interest or another company in which the utility owns a controlling interest.
			 The term also means a transfer of assets, a sale of supplies, or a sale of
			 services between accounts for the regulated and nonregulated activities of a
			 single small telecommunications utility;
(b) "Asset" means any tangible or intangible
			 property of a small telecommunications utility or other right, entitlement,
			 business opportunity, or other thing of value to which a utility holds
			 claim;
(c) "Cost" means fully
			 distributed cost, including the small telecommunications utility's authorized
			 rate of return and all overheads;
(d) "Fair market value" means the potential
			 sales price that could be obtained by selling an asset in an arm's-length
			 transaction to a nonaffiliated entity, as determined by commonly accepted
			 valuation principles;
(e) "Market
			 rate" means the lowest price that is available from nonaffiliated suppliers for
			 comparable services or supplies;
(f) "Net book value" means original cost less
			 accumulated depreciation; and
(g)
			 "Nonregulated service" means a service that is not a telecommunications service
			 as defined by ORS 759.005(2)(g),
			 or a service that the Commission has determined to be exempt from
			 regulation.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0395 - Annual Report Requirements for Small Telecommunications Utilities

Current through Register Vol. 63, No. 7, July 1, 2024
Small telecommunications utilities shall submit annual reports.
				The report Form O for the previous calendar year shall be submitted on or
				before April 1, using the most current forms approved by the Commission. The
				intrastate report Form I for the previous calendar year shall be submitted on
				or before October 31, using the most current form approved by the
				Commission.
Forms referenced in this rule are available from the
				  agency.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
				  756.040 &
				  759.045
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0396 - Reporting of Affiliated Transactions by Small Telecommunications Utilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) By
			 April 1, on forms approved and provided by the Commission, all small
			 telecommunications utilities shall file with the Commission a list of all
			 affiliated interest contracts executed during the period from January 1 through
			 December 31 of the immediately preceding year. The list shall consist of the
			 names of the parties to the contracts, the dollar amounts of the contracts, and
			 the dates of execution of the contracts.
(2) As used in this rule, "affiliated
			 interest transactions" mean transactions between affiliated interests as
			 defined by ORS 757.015 and ORS
			 759.390.
Forms referenced in this rule are available from the
				  agency.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
				  756.040 &
				  759.045
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0397 - Use of Deferred Accounting by Small Telecommunications Utilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions: As
			 used in this rule:
(a) "Amortization" means
			 the inclusion in rates of an amount which has been deferred under ORS
			 759.200 and is designed to
			 eliminate, over time, the balance in an authorized deferred account.
			 Amortization excludes the normal positive and negative fluctuations in a
			 balancing account; and
(b)
			 "Deferred accounting" means recording an amount, as allowed by ORS
			 759.200, in a balance sheet
			 account for later reflection in rates.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0400 - Maps and Records of Small Telecommunications Utilities and Telecommunications Cooperatives

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 small telecommunications utility and telecommunications cooperative shall keep
			 on file current maps and records of the entire plant showing size, location,
			 character, and date of installation of major plant items.
(2) Upon request, each small
			 telecommunications utility and telecommunications cooperative shall file with
			 the Commission an adequate description or maps to define the territory served.
			 All maps and records, which the Commission may require the small
			 telecommunications utility or telecommunications cooperative to file, shall be
			 in a form satisfactory to the Commission.
Stat. Auth.: ORS 183, 756, 758 & 759
Stats. Implemented: ORS
				  756.040,
				  758.215 &
				  759.045
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0420 - Location of Underground Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
A small telecommunications utility or telecommunications
				cooperative and its customers shall comply with requirements of chapter 952
				regarding the prevention of damage to underground facilities.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
				  757.542 -
				  757.562 &
				  759.045
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0430 - Construction, Safety, and Reporting Standards for Small Telecommunications Utilities and Telecommunications Cooperatives

Current through Register Vol. 63, No. 7, July 1, 2024
Every small telecommunications utility and telecommunications
				cooperative shall comply with the construction, safety, and reporting standards
				set forth in OAR chapter 860, division 024.
Stat. Auth.: ORS 183, 654, 756, 757 & 759
Stats. Implemented: ORS
				  654.715,
				  757.035 &
				  759.045
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0440 - Applicability and Formal Requirements for Small Telecommunications Utilities and Telecommunications Cooperatives

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The rules contained in this division are
			 auxiliary to and supplemental to the rules contained in division 001 of this
			 chapter, Practice and Procedure, and all applications or petitions for approval
			 of contracts or amendments thereto, allocations of territory, assignment or
			 transfer of rights acquired pursuant to an allocation of territory, and all
			 other pleadings filed with the Commission pursuant to ORS
			 759.500 to
			 759.595 inclusive, are governed
			 by the rules in division 001 of this chapter, Practice and Procedure, except as
			 provided in sections (2) and (3) of this rule.
(2) All applications and petitions must
			 contain the full and correct name and business address of the applicant or
			 petitioner.
(3) An original and
			 three conformed of all applications and petitions, as well as supplemental
			 electronic copies, must be filed with the Commission.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
				  759.045 &
				  759.500 -
				  759.675
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0450 - Applications for Approval of Contracts to Avoid or Eliminate Duplicate Utility Service for Small Telecommunications Utilities and Telecommunications Cooperatives

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of this rule, "utility service" means
				telecommunications utility service as defined in ORS
				759.500(3). An
				application under ORS
				759.500 through ORS
				759.595 for an order of the
				Commission approving a contract authorized thereunder shall contain in addition
				to the contract, if not contained therein, the following information:
(1) A map or maps, to appropriate scale,
			 showing the general location and boundaries of the respective applicant's
			 service areas.
(2) A map or maps,
			 to appropriate scale, showing the location of customers who are being served by
			 either or both of the parties, or who could be economically served by the then
			 existing facilities of either party, or by reasonable and economic extensions
			 thereto, who are covered by the contract.
(3) A description by county, section lines,
			 river, highway, road, street, or metes and bounds, where applicable and
			 necessary, designating the boundaries of the territory to be served by each
			 party to the contract. Such legal description of boundary lines may be drawn
			 and described:
(a) To eliminate minor
			 irregularities in the boundary of each party when to do so will include within
			 each party's territory, only that unserved area which may be economically
			 served by the then existing facilities of the respective parties or by
			 reasonable and economic extensions thereto; and
(b) In the case of persons providing utility
			 service who have entered into exchange boundary agreements before May 31, 1961,
			 to define mutually exclusive exchange service areas, the area affected by such
			 agreement may be described by reference to the exchange area map in that
			 agreement. However, the applicant shall not be relieved by such reference from
			 showing that it can economically serve the unserved areas within the exchange
			 area map with its existing facilities or by a reasonable and economic extension
			 thereto.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0460 - Applications for Approval of Amendments to Contracts to Avoid or Eliminate Duplicate Utility Service for Small Telecommunications Utilities and Telecommunications Cooperatives

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of this rule, "utility service" means
				telecommunications utility service as defined in ORS
				759.500(3). An
				application under ORS
				759.560 for a Commission order
				approving an amendment to a contract approved pursuant to ORS
				759.560, shall contain the
				amendatory contract and such information required by OAR 860-034-0450  as is
				pertinent to the Commission in making a decision thereon.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
				  756.040,
				  759.045 &
				  759.560
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0470 - Applications for Allocation of Exclusively Served Territory by Small Telecommunications Utilities and Telecommunications Cooperatives

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of this rule, "utility service" means
				telecommunications utility service as defined in ORS
				759.500(3). An
				application under ORS
				759.535 for an order of the
				Commission to allocate territory to a person providing exclusive utility
				service in a territory shall contain the following information:
(1) A map or maps, drawn to appropriate
			 scale, showing the general location and boundaries of the applicant's service
			 area.
(2) A map or maps, drawn to
			 appropriate scale, showing the location of the applicant's customers and
			 facilities in the vicinity of the boundaries of the territory applied for in
			 sufficient detail to enable the Commission to determine the boundaries of that
			 territory served exclusively by applicant.
(3) A description by county, section lines,
			 river, highway, road, street, or metes and bounds, where applicable and
			 necessary, of the boundaries of applicant's exclusive service area. Such map
			 and legal description of boundary lines may be drawn and described to eliminate
			 minor irregularities in the boundary.
(4) Facts showing that applicant is lawfully
			 and in good faith providing exclusive utility service within the area described
			 in the application and that no other person is providing a similar utility
			 service within such territory.
(5)
			 Such additional information as needed for a full understanding of the
			 situation.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
				  756.040,
				  759.045 &
				  759.535
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0480 - Applications for Allocation of Unserved Territory for Small Telecommunications Utilities and Telecommunications Cooperatives

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of this rule, "utility service" means
				telecommunications utility service as defined in ORS
				759.500(3). An
				application under ORS
				759.535, for an order of the
				Commission to allocate territory to a person providing exclusive utility
				service in a territory and adjacent unserved territory, shall contain the
				following information:
(1) The
			 information required under OAR 860-034-0470.
(2) A map or maps similar to that required by
			 OAR 860-034-0470(2)  and description comparable to that required by OAR
			 860-034-0470(3), showing and describing the boundary of the adjacent unserved
			 territory covered by the application.
(3) The names and addresses of all persons
			 providing similar utility service in proximity to the unserved area applied for
			 who may have an interest in or be affected by an approval or disapproval of the
			 application.
(4) Facts showing that
			 it is more economical and feasible to serve the adjacent unserved territory by
			 an extension of the applicant's existing facilities than by an extension of the
			 facilities of another person, including but not limited to the following:
(a) A map or maps, drawn to appropriate
			 scale, showing location and capability of equipment, plant, or facilities
			 including the capability, location, and route of proposed facilities, if any,
			 which relate to the applicant's ability to extend utility service into the
			 adjacent unserved area.
(b) Copies
			 of such franchises or permits as the appropriate public authorities may require
			 for extending service into the adjacent unserved area, or a statement that they
			 will be filed at the hearing or a statement that no such authority is required
			 by said public authorities.
(c) The
			 kind or nature and extent of the need or demand, or reasonably anticipated need
			 or demand, for utility service within the unserved area.
(d) The estimated construction, operating,
			 and related costs of and revenues from providing the proposed utility service
			 within the unserved area.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0490 - Applications to Transfer Rights to Allocated Territory for Small Telecommunications Utilities and Telecommunications Cooperatives

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of this rule, "utility service" means
				telecommunications utility service as defined in ORS
				759.500(3). An
				application under ORS
				759.560 for an order of the
				Commission to approve the transfer of rights acquired by an allocation of
				territory shall contain the following information:
(1) A statement of the purposes for the
			 transfer, the supporting reasons therefore and a detailed explanation thereof
			 justifying why the transfer will not be contrary to the public
			 interest.
(2) A copy of all written
			 evidence and a statement of all oral understanding comprising the agreement
			 between the transferor and transferee covering the transfer of the territory
			 described in the application and sought to be transferred.
(3) A map or maps, drawn to appropriate
			 scale, showing the general location and boundaries of the allocated territory
			 sought to be transferred and the transferor's and transferee's adjacent service
			 areas.
(4) A map or maps, drawn to
			 appropriate scale, showing:
(a) The number
			 and, as practicable, the location of customers and equipment or facilities of
			 the transferor with a detailed description of such equipment or facilities
			 within the territory sought to be transferred; and
(b) The location of equipment or facilities
			 of the transferor and transferee, with a detailed description of the same,
			 which are in the territory immediately adjacent to that sought to be
			 transferred and which are or will be interconnected therewith.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0495 - Application by an Unserved Person for Service from a Small Telecommunications Utility

Current through Register Vol. 63, No. 7, July 1, 2024
An application under ORS
				759.590 for an order of the
				Commission directing another telecommunications utility to provide local
				exchange service to an unserved person shall comply with OAR
				860-032-0220.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
				  756.040,
				  759.045,
				  759.580,
				  759.585,
				  759.590&
				  759.595
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0505 - Attachments to Poles and Conduits Owned by Public, Telecommunications, and Consumer-Owned Utilities

Current through Register Vol. 63, No. 7, July 1, 2024
Pole and conduit attachments shall comply with the rules set
				forth in OAR chapter 860, division 028.
Stat. Auth.: ORS 183, 756, 757 & 759
Stats. Implemented: ORS
				  756.040,
				  757.270 -
				  757.290,
				  759.045 &
				  759.650 -
				  759.675
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0580 - Preservation and Destruction of Records for Small Telecommunications Utilities and Type 2 Cooperatives

Current through Register Vol. 63, No. 7, July 1, 2024
The Regulations to Govern the Preservation of Records of
				Communication Common Carriers, Part 42, 47 Code of Federal Regulations Chapter
				1 (October 1, 2003, edition) is hereby adopted and prescribed by the Commission
				for all small telecommunications utilities and Type 2 telecommunications
				cooperatives.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
				  756.040,
				  759.045 &
				  759.225
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0600 - Definitions for Depreciation Guidelines for Small Telecommunications Utilities and Type 2 Cooperatives

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OARs 860-034-0600  through 860-034-0670:
(1) "Exception" means a rate for the
			 depreciation of an investment made by a small telecommunications utility or
			 Type 2 cooperative that exceeds the guideline rate. "Exception" also includes a
			 rate for amortization of retired investment if the rate of amortization exceeds
			 the otherwise applicable guideline rate for depreciation of that
			 investment.
(2) "File" means
			 compliance with Commission rules.
(3) "Guidelines" means the standards used by
			 this Commission to determine rates for the depreciation of investment made by a
			 small telecommunications utility or Type 2 cooperative to provide a through
			 service.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
				  756.040,
				  759.135,
				  759.220 &
				  759.225
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0610 - Revision of Depreciation Guidelines

Current through Register Vol. 63, No. 7, July 1, 2024
During February of 1995 and every three years thereafter, the
				Commission will open a docket to consider changes to the guidelines. The
				Commission will hold a prehearing conference to establish dates to resolve the
				issues.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
				  756.040,
				  759.135,
				  759.220 &
				  759.225
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0620 - Filing Deadlines for a Request for an Exception by a Small Telecommunications Utility or Type 2 Cooperatives

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A small telecommunications utility or
			 Type 2 cooperative requesting an exception from the depreciation guidelines for
			 one or more calendar years shall file a request for an exception on or before
			 June 1 of the year preceding the first calendar year for which it seeks an
			 exception.
(2) A small
			 telecommunications utility or Type 2 cooperative may file a request for an
			 exception after June 1 only if the Commission grants a motion to file out of
			 time. The Commission may grant such a motion if the small telecommunications
			 utility or Type 2 cooperative shows good cause for its failure to file timely
			 and if the Commission concludes it has sufficient time to rule on the request
			 on or before December 31 of the year preceding the first calendar year for
			 which the small telecommunications utility or Type 2 cooperative seeks an
			 exception.
(3) If the Commission
			 grants a motion to file out of time, the time line set forth in OARs
			 860-034-0640  through 860-034-0660  shall begin on the date of the order granting
			 the motion.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
				  756.040,
				  759.220 &
				  759.225
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0630 - Information to be Included With a Request for an Exception Filed Under OAR 860-034-0620

Current through Register Vol. 63, No. 7, July 1, 2024
Information included with filing a request for an exception, at
				a minimum, shall:
(1) State the
			 account(s) for which the small telecommunications utility or Type 2 cooperative
			 seeks the exception;
(2) State the
			 number of calendar years for which the small telecommunications utility or Type
			 2 cooperative seeks the exception; and
(3) Include an engineering analysis, economic
			 analysis, or both, or other support for the exception.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
				  756.040,
				  759.220 &
				  759.225
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0640 - Review by Staff of a Request for an Exception Filed Under OAR 860-034-0620

Current through Register Vol. 63, No. 7, July 1, 2024
On or before the 30th day following the filing of a request for
				an exception, staff shall issue a written response to the small
				telecommunications utility or Type 2 cooperative stating whether staff
				recommends approval or denial of the request.
(1) If staff recommends approval, it shall,
			 within 15 days of notifying the small telecommunications utility or Type 2
			 cooperative of the recommendation, place on a Public Meeting agenda a
			 recommendation that the Commission approve the request.
(2) If staff recommends denial, it shall
			 provide written notice to the small telecommunications utility or Type 2
			 cooperative of such recommendation, specify the reason(s) therefore, and
			 provide to the small telecommunications utility or Type 2 cooperative all
			 documents, including, but not limited to, workpapers, studies, calculations,
			 and internal memoranda which support its recommendation.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
				  756.040,
				  759.220 &
				  759.225
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0650 - Petition to Open Depreciation Docket

Current through Register Vol. 63, No. 7, July 1, 2024
If staff recommends denial of a request for an exception, a
				small telecommunications utility or Type 2 cooperative may file a petition with
				the Commission requesting that the Commission open a docket to determine
				whether to grant the exception. The small telecommunications utility or Type 2
				cooperative shall file its petition with both the Administrative Hearings
				Division and staff on or before the 20th day following the small
				telecommunications utility's or Type 2 cooperative's receipt of staff's
				notification of recommended denial.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
				  756.040,
				  759.220 &
				  759.225
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0660 - Review Procedure and Schedule for a Request for an Exception Filed Under OAR 860-034-0650

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 small telecommunications utility or Type 2 cooperative filing a petition
			 pursuant to OAR 860-034-0650  shall include as exhibits to the petition:
(a) Its request for exception and any
			 material submitted in support of that request;
(b) Staff's notification of recommended
			 denial of the request for exception and all material provided by staff to the
			 small telecommunications utility or Type 2 cooperative in support of staff's
			 recommended denial; and
(c) Any
			 other arguments or evidence the small telecommunications utility or Type 2
			 cooperative chooses to submit.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0670 - Extension of Time for a Request for an Exception

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission or a Hearings Officer may grant, upon a showing
				of good cause, a request to modify the filing dates set forth in OARs
				860-034-0640  through 860-034-0660.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
				  756.040,
				  759.220 &
				  759.225
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0710 - Extension of Time for a Request for an Exception Filed Under OAR 860-034-0650

Current through Register Vol. 63, No. 7, July 1, 2024
Type 2 cooperatives shall, 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 any joint rates or rates
				charged for through services.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
				  756.040,
				  759.220 &
				  759.225
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0720 - Announcement of Rate Increases for Joint Rates or Rates Charged for Through Services by Type 2 Cooperatives

Current through Register Vol. 63, No. 7, July 1, 2024
A Type 2 cooperative that increases any joint rate or rate
				charged for a through service shall notify its affected customers, who have
				requested notice, at least 30 days before the proposed effective date of the
				increase, or as ordered by the Commission. The Type 2 cooperative shall file a
				copy of such notification at the same time with the
				Commission.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
				  756.040,
				  759.220 &
				  759.225
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0725 - Telephone Solicitation Notices by Telecommunications Cooperatives

Current through Register Vol. 63, No. 7, July 1, 2024
Each telecommunications cooperative 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 &
				  756.040
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0730 - Uniform System of Accounts for Type 2 Cooperatives

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Uniform System of Accounts for
			 Telecommunications Companies, Part 32, adopted by the Federal Communications
			 Commission (FCC) on February 6, 2002, is hereby adopted and prescribed for all
			 Type 2 cooperatives utilities except as modified for intrastate purposes in
			 sections (2) through (5) of this rule.
(2) A Type 2 cooperative may follow Class B
			 accounting except when Class A accounting is needed to complete intrastate
			 depreciation and jurisdictional separation studies, to provide the details
			 requested in annual reports under OAR 860-034-0750, and to comply with other
			 Oregon rules and statutes.
(3) The
			 allocation rules in Part 32, Section 32.27, are replaced by OAR
			 860-034-0740(3).
(4) For
			 construction work in progress and property held for future use, each Type 2
			 cooperative shall maintain subsidiary records consistent with ORS
			 759.285.
(5) Each Type 2 telecommunications
			 cooperative shall maintain subsidiary records sufficient to identify the
			 following universal service fund collection, revenues, and expenses:
(a) [Reserved].
(b) Federal universal service fund collection
			 (Account 5081).
(c) Federal
			 universal service fund contribution (Account 6540).
(d) State universal service fund collection
			 and contribution (Account 4010).
(e) Interstate and intrastate switched access
			 revenue (Account 5082).
(f)
			 Interstate and intrastate special access revenue (Account 5083).
(g) [Reserved].
(h) Distributions from the federal USF and
			 the Oregon USF.
(i) Depreciation
			 expenses related to telecommunications plant in service, depreciation expense
			 related to property held for future use, and amortization expense.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0740 - Allocation of Costs by Type 2 Cooperatives

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this rule:
(a) "Affiliate transaction" means a transfer
			 of assets, a sale of supplies, or a sale of services between accounts for
			 services for which a joint rate is charged or for through services offered by a
			 Type 2 cooperative and accounts for nonregulated activities of a separate
			 entity that is either an affiliated interest or another company in which the
			 Type 2 cooperative owns a controlling interest;
(b) "Asset" means any tangible or intangible
			 property of a Type 2 cooperative or other right, entitlement, business
			 opportunity, or other thing of value to which a Type 2 cooperative holds
			 claim;
(c) "Cost" means fully
			 distributed cost, including all overheads and rate of return as defined in
			 section (1)(h) of this rule;
(d)
			 "Fair market value" means the potential sales price that could be obtained by
			 selling an asset in an arm's-length transaction to a nonaffiliated entity, as
			 determined by commonly accepted valuation principles;
(e) "Market rate" means the lowest price that
			 is available from nonaffiliated suppliers for comparable services or
			 supplies;
(f) "Net book value"
			 means original cost less accumulated depreciation;
(g) "Nonregulated service" means a service
			 that is neither a through service nor a service for which a joint rate is
			 charged, as defined by OAR 860-034-0015; and
(h) "Rate of return" means the rate or return
			 established by the Commission for the calculation of a rate for a through
			 service or for which a joint rate is charged.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES › Section 860-034-0750 - Annual Report Requirements for Type 2 Cooperatives

Current through Register Vol. 63, No. 7, July 1, 2024
Annual reports will be submitted by Type 2 cooperatives. The
				total company Form O report for the previous calendar year shall be submitted
				on or before April 1, using the most current forms approved by the Commission.
				The Form I report for the previous calendar year shall be submitted on or
				before October 31, using the most current forms approved by the
				Commission.
Forms referenced in this rule are available from the
				  agency.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
				  756.040,
				  759.220 &
				  759.225
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-0097

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 183, 192, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  756.310,
				  756.320 &
				  756.350
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-0205

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 183, 756, 757
Stats. Implemented: ORS
				  756.040,
				  757.035,
				  757.225,
				  757.760
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-0250

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 183, 756 &ORS 757
Stats. Implemented: ORS
				  756.040,
				  757.105, 7757.120, 7757.125,
				  7757.135
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-0315

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 183, 756, 757
Stats. Implemented: ORS
				  756.040,
				  757.005,
				  757.020,
				  757.250
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-0320

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 183, 756, 757
Stats. Implemented: ORS
				  756.040,
				  757.005,
				  757.020,
				  757.250
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-0350

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 183, 756, 757
Stats. Implemented: ORS
				  756.040,
				  757.020,
				  757.035,
				  757.039
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-0360

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 183, 756, 757, 759
Stats. Implemented: ORS
				  756.040,
				  757.270 -
				  757.290,
				  759.650 -
				  757.675
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-0365

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  757.105,
				  757.120,
				  757.125,
				  757.135
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-0370

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 183, 756 & Ch. 202, OL 2003
Stats. Implemented: ORS
				  756.040 & Ch. 202, OL
				  2003
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-0380

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 183, 756 & Ch. 202, OL 2003
Stats. Implemented: ORS
				  183.090,
				  756.040 & Ch. 202, OL
				  2003
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-0412

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 183, 756 & Ch. 202, OL 2003
Stats. Implemented: ORS
				  756.040 & Ch. 202, OL
				  2003
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-0420

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 183, 756 & Ch. 082, OL 2003
Stats. Implemented: ORS
				  756.040 & Ch. 202, OL
				  2003
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-0716

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  757.105,
				  757.120,
				  757.125,
				  757.135
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-0720

Current through Register Vol. 63, No. 7, July 1, 2024
Forms & Exhibits referenced are available from the
				  agency.
Stat. Auth.: ORS 183, 756, 757
Stats. Implemented: ORS
				  756.040,
				  756.105,
				  757.405 -
				  757.450,
				  757.495
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-0725

Current through Register Vol. 63, No. 7, July 1, 2024
Exhibits referenced are available from the
				  agency.
Stat. Auth.: ORS 183, 756, 757
Stats. Implemented: ORS
				  756.040,
				  757.440
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-0756

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  757.120,
				  757.125,
				  757.135
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-0757

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 183, 756, 757& Ch. 202, OL 2003
Stats. Implemented: ORS
				  756.040,
				  757.355 & Ch. 202, OL
				  2003
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-0760

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 183, 756, 757
Stats. Implemented: ORS
				  756.040,
				  757.105
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-0765

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 183, 756, 757
Stats. Implemented: ORS
				  756.040,
				  757.105,
				  757.120,
				  757.125,
				  757.135