reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 32 - TELECOMMUNICATIONS › Section 860-032-0045 - Petitions for Alternative Access by Customers of Shared Telecommunications Service Providers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 person whose only access to local exchange telecommunications service is a
			 shared service provider may petition the Commission for an order requiring the
			 shared service provider to make available to the petitioner alternative
			 facilities or conduit space at reasonable terms, conditions, and prices for the
			 purpose of establishing alternative access to local exchange telecommunications
			 service.
(2) The petition shall
			 include:
(a) The name and address of the
			 petitioner;
(b) The name and
			 address of the shared service provider;
(c) The type of services required by the
			 petitioner; and
(d) The
			 petitioner's statement indicating a willingness to pay a reasonable fee to the
			 shared service provider for alternative access.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 32 - TELECOMMUNICATIONS › Section 860-032-0050 - Petition for a Declaratory Ruling that a Service Is Not Subject to Regulation

Current through Register Vol. 63, No. 7, July 1, 2024
Any person may file a petition requesting a ruling whether a
				service is subject to regulation by the Commission. The petition shall contain
				the following information:
(1) The
			 petitioner's name, address, and telephone number;
(2) A detailed description of the service on
			 which the ruling is requested;
(3)
			 The legal basis under which the petitioner contends that the service is, or is
			 not, subject to regulation, including citations to relevant state and federal
			 statutes, court decisions, or orders of the Federal Communications Commission
			 or the Commission;
(4) The names
			 and addresses of any joint telecommunications providers of the service;
			 and
(5) The rate schedules or price
			 lists affected.
Stat. Auth.:
Stats. Implemented: ORS
				  756.040 &
				  756.450
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 32 - TELECOMMUNICATIONS › Section 860-032-0060 - Reporting Requirements for Telecommunications Providers

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this rule is to provide the Commission with
				accurate information in order to carry out the Legislative policy of ORS
				759.015.
(1) The books and records of all
			 telecommunications providers shall be open to the Commission and subject to
			 audit to the extent needed to verify required reports.
(2) Annual report - form and filing date:
(a) Competitive providers - On forms provided
			 by the Commission, each competitive provider, including shared service
			 providers, shall submit an annual report on or before April 1, containing data
			 required by section (3) of this rule related to its operations for the
			 preceding calendar year.
(b)
			 Telecommunications utilities - Telecommunications utilities shall submit annual
			 reports as required by OARs 860-027-0070  or 860-034-0395.
(c) Cooperatives - Cooperatives shall submit
			 annual reports as required by OAR 860-034-0750. Each cooperative that does not
			 file an annual report pursuant to OAR 860-034-0750  shall submit an annual
			 report on or before April 1, on forms provided by the Commission, containing
			 data required by section (3) of this rule related to its operations for the
			 preceding calendar year.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 32 - TELECOMMUNICATIONS › Section 860-032-0070 - Confidential Information Submitted by Local Exchange Telecommunications Utilities and Cooperatives

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except
			 as provided in section (2) of this rule, the following information, submitted
			 or filed with the Commission by a local exchange telecommunications utility or
			 cooperative, in any form including magnetic, electronic, and paper media, is
			 exempt from disclosure because the Commission has determined that such
			 information could potentially be used to the competitive disadvantage of the
			 telecommunications utility or cooperative:
(a) Company-specific cost studies and traffic
			 studies and Form I, except the income statement and the rate base summary of
			 that form;
(b) Detailed
			 company-specific and service-specific information;
(A) Annual charge factors;
(B) Demand data, including minutes of use;
			 and
(C) Market segment
			 data.
(c)
			 Company-specific and service-specific forecasts submitted in support of
			 price-listed services;
(d)
			 Company-specific cost and price data related to unregulated services;
(e) Income tax returns and supporting
			 information;
(f) Affiliated
			 companies' financial results of operations, including pricing information, that
			 are not otherwise available to the public;
(g) Customer opinion surveys that are
			 company-specific or that have been purchased by a telecommunications utility or
			 cooperative;
(h) Market studies and
			 plans that are company-specific or that have been purchased by a
			 telecommunications utility or cooperative;
(i) Bid, vendor, or contract information,
			 including affiliated interest contracts, that contains specific cost and price
			 information; and
(j) Facility maps,
			 engineering diagrams, and other technical information describing the network,
			 system, and facilities of a telecommunications utility or
			 cooperative.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 32 - TELECOMMUNICATIONS › Section 860-032-0080 - Definition of Gross Retail Intrastate Revenue for Purposes of Annual Fees Payable to the Commission by a Telecommunications Provider

Current through Register Vol. 63, No. 7, July 1, 2024
"Gross retail intrastate revenue" means the total amount
				derived from intrastate retail service. Gross revenue, as defined by generally
				accepted accounting principles (GAAP) is the total amount of sales recognized
				for a reporting period. prior to any deductions. Revenues are to be recognized
				on the income statement in the period when realized and earned-not necessarily
				when cash is received. Gross retail intrastate revenues shall be accrued in
				accordance with generally accepted accounting principles during the calendar
				year. For purposes of determining the annual fees payable to the Commission by
				telecommunications providers under OARs 860-021-0036, 860-032-0095, and
				860-034-0095:
(1) "Gross retail
			 intrastate revenue" includes all billable revenue earned from a final customer
			 for the following services: Centrex; directory and operator services including
			 yellow pages; extended area service; features and advanced services including
			 custom calling, vertical service, custom local area signaling service, market
			 expansion lines, remote call forwarding, toll restriction, and voice messaging;
			 interexchange and long distance services when the call or signal originates and
			 terminates in Oregon; and local service including subscriber line charge and
			 universal service fund (USF) distributions from the federal USF, Oregon USF,
			 and Residential Service Protection Fund.
(2) "Gross retail intrastate revenue"
			 excludes revenue from the following services: carrier billing and collection;
			 carrier access; interstate interexchange and long distance services; internet
			 service; payphone service sold to an end user; installation, maintenance,
			 repair, lease rental, or sale of telecommunications equipment; and when
			 provided by a radio common carrier: cellular, personal communications systems
			 (PCS), radio paging, or other radio communications services.
Statutory/Other Authority: ORS 183, ORS 756 & ORS
				  759
Statutes/Other Implemented: ORS
				  756.310
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 32 - TELECOMMUNICATIONS › Section 860-032-0090 - Allocation of Revenues by a Telecommunications Provider

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each telecommunications provider shall
			 allocate total Oregon revenues between gross retail intrastate revenues from
			 telecommunications services and other revenues for each subject year.
(2) Each telecommunications provider shall
			 maintain its records in sufficient detail to readily provide gross retail
			 intrastate revenue from Oregon telecommunications services for each subject
			 year.
Stat. Auth.: ORS 183 & 756
Stats. Implemented: ORS
				  756.310
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 32 - TELECOMMUNICATIONS › Section 860-032-0095 - Annual Fees Payable to the Commission by a Competitive Provider

Current through Register Vol. 63, No. 7, July 1, 2024
(1) On statement
			 forms prescribed by the Commission, each competitive provider must provide the
			 requested information for the subject year.
(2) Each competitive provider must pay to the
			 Commission an annual fee on gross retail 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 860-011-0110, if the Commission has not received the
			 competitive provider'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 860-011-0110 for each payment returned for
			 non-sufficient funds.
(e) All costs
			 incurred by the Commission to collect a past-due annual fee from the
			 competitive provider.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 32 - TELECOMMUNICATIONS › Section 860-032-0095 - Annual Fees Payable to the Commission by a Competitive Provider

Current through Register Vol. 63, No. 7, July 1, 2024
(1) On statement
			 forms prescribed by the Commission, each competitive provider must provide the
			 requested information for the subject year.
(2) Each competitive provider must pay to the
			 Commission:
(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 three
			 tenths of one percent (0.3 percent) 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 860-011-0110, if the Commission has not received the competitive provider'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 860-011-0110 for each payment returned for non-sufficient funds.
(e) All costs incurred by the
			 Commission to collect a past-due annual fee from the competitive provider.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 32 - TELECOMMUNICATIONS › Section 860-032-0097 - Estimated Annual Fees Payable to the Commission

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For any year in which a competitive
			 provider 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 860-011-0110; and
(c) Be made no later than three (3) years
			 after the statement form's due date. However, if the competitive provider
			 failed to obtain a certificate of authority, an audit may occur at any
			 time.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 32 - TELECOMMUNICATIONS › Section 860-032-0100 - Collective Consideration of Oregon Intrastate Rate, Tariff, or Service Proposals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Local
			 exchange telecommunications utilities, unincorporated associations, and
			 cooperative corporations may become members of the Oregon Exchange Carrier
			 Association, Inc. The Association's rules of procedure shall be subject to
			 approval by the Commission. The Association's rules of procedure shall provide
			 for joint or collective consideration of proposals for changes in intrastate
			 rates, tariffs, or conditions of service. The Association may file petitions
			 and publish tariffs and may represent its members before the Commission.
			 Membership in the Association by a local exchange telecommunications utility
			 providing toll service shall be subject to approval by the
			 Commission.
(2) All
			 telecommunications rates, fares, charges, classifications, rules, and
			 regulations governing the practices and services of local exchange
			 telecommunications utilities, unincorporated associations, and cooperative
			 corporations who are subject to ORS
			 759.225 shall be filed with the
			 Commission. Changes in all tariffs shall be submitted to the Commission subject
			 to all the procedural requirements and protections presently associated with
			 utility filings before the Commission.
(3) The Association shall not discourage
			 independent proposals of members to be filed directly with the Commission, nor
			 oppose at hearings any independent proposal of a member or nonmember
			 telecommunications provider.
(4)
			 The Commission has the authority to supervise the activities of the
			 Association. However, such supervision and advice shall not compromise the
			 independent evaluation of any proposal that must be submitted to the Commission
			 for final approval.
(5) To the
			 extent that the Association is involved in the collection and redistribution of
			 funds pursuant to Commission orders authorizing certain revenue sharing
			 arrangements under common tariff, the Association shall maintain and provide to
			 the Commission, in a timely manner, monthly and annual financial reports. These
			 reports shall include:
(a) Budgetary estimates
			 and forecasts for the fund administrator and all fund collections and
			 distributions to each member local exchange carrier and the basis upon which
			 the collection and distribution are budgeted;
(b) Actual expenditures of the fund
			 administrator;
(c) Actual fund
			 collections and distributions to each member local exchange carrier and the
			 bases upon which the collection and distribution are made; and
(d) Budget-to-actual tracking reports for the
			 fund administrator and for fund collections and distributions for each member
			 local exchange carrier.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 32 - TELECOMMUNICATIONS › Section 860-032-0190 - Definition of Basic Telephone Service

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose of rule. This rule defines the
			 term "basic telephone service" pursuant to Ch. 1093, Laws of 1999 (SB 622),
			 Section 23(1), as the term is used in Ch. 1093, Laws of 1999 (SB 622), Sections
			 23 through 38.
(2) "Basic telephone
			 service" means retail telecommunications service that is single party, has
			 voice grade or equivalent transmission parameters and tone-dialing capability,
			 provides local exchange calling, and gives customers access to but does not
			 include:
(a) Extended area service
			 (EAS);
(b) Long distance
			 service;
(c) Relay service for the
			 hearing and speech impaired;
(d)
			 Operator service such as call completion assistance, special billing
			 arrangements, service and trouble assistance, and billing inquiry;
(e) Directory assistance; and
(f) Emergency 9-1-1 service, including
			 E-9-1-1 where available.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 32 - TELECOMMUNICATIONS › Section 860-032-0200 - Essential Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 purposes of ORS 759.195, a local exchange
			 service is essential if customers require it to efficiently establish, sustain,
			 or discontinue a telecommunications service by means of the public network. The
			 public network is comprised of a system of interconnected telecommunications
			 channels held out by a local exchange carrier for use by the general
			 public.
(2) A local exchange
			 service is essential if the service is essential for one or more local customer
			 classes.
(3) If essential and
			 potentially price-listed services are packaged together, the entire package is
			 eligible to be considered for price listing if each essential service in the
			 package is readily available to customers on a separate basis and the package
			 price is equal to or greater than the tariffed rate(s) for the essential
			 service(s) plus the long-run incremental cost(s) of the price-listed
			 service(s).
(4) Any new service is
			 presumed to be potentially price listed until the Commission determines
			 otherwise. A service is not new if it merely repackages or renames an existing
			 service.
(5) A service can only be
			 discontinued pursuant to OAR 860-032-0020, whether the service is essential or
			 potentially price listed.
(6) The
			 following are essential services:
(a)
			 Residential Flat;
(b) Residential
			 Measured;
(c) Residential
			 Multiparty;
(d) Suburban;
(e) Farmer Line;
(f) Business Simple;
(g) Business Complex;
(h) Public Access Line;
(i) Tone Dialing (Touch Tone);
(j) Hunting;
(k) Direct Inward Dialing;
(l) Conditioning;
(m) Intercept Announcement and
			 Referral;
(n) Directory Listing
			 (White and Yellow Pages);
(o)
			 Privacy Listing;
(p) Directory
			 Assistance;
(q) Emergency
			 (9-1-1);
(r) Switched Access
			 Service; and
(s) Toll
			 Restriction.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 32 - TELECOMMUNICATIONS › Section 860-032-0220 - Application for Service by Unserved Person

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applications under ORS
			 759.590 for an order of the
			 Commission directing another telecommunications utility to provide local
			 exchange service to an unserved person shall contain the following information:
(a) The name, address (both a physical
			 address to which service is requested and a mailing address), and telephone
			 number (if any) of the applicant or unserved person.
(b) The name of the telecommunications
			 utility in whose service territory the applicant is located, if
			 known.
(c) The name of the
			 telecommunications utility who is willing to provide local exchange service to
			 the applicant, if any.
(d) Such
			 information and supporting data needed for the Commission to make the findings
			 described in ORS 759.595(1),
			 including, if known:
(A) The line extension
			 charges or other facilities installation charges estimated by the
			 telecommunications utility in whose territory the applicant is located;
			 and
(B) The line extension charges
			 or other facilities installation charges estimated by the telecommunications
			 utility from which the applicant seeks local exchange service.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 32 - TELECOMMUNICATIONS › Section 860-032-0230 - Pay Telephones

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 rule does not apply to pay telephones located within inmate areas of jails,
			 prisons, or similar institutions.
(2) A pay telephone must allow free access to
			 emergency 9-1-1 and must not limit the duration of calls to 9-1-1.
(3) Unless the pay telephone is restricted to
			 local calling:
(a) Access to all available
			 alternative interLATA and intraLATA long distance carriers via l0XXX+0 dialing
			 must be allowed where equal access exists, and
(b) In all areas access to all available
			 alternative interLATA and intraLATA long distance carriers must be allowed via
			 "800" and 950-XXXX numbers.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 32 - TELECOMMUNICATIONS › Section 860-032-0410 - Location of Underground Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
A telecommunications provider and its customers shall comply
				with requirements of OAR chapter 952 regarding the prevention of damage to
				underground facilities.
Stat. Auth.: ORS 183, 756, 757 & 759
Stats. Implemented: ORS
				  756.040 &
				  757.542 -
				  757.562
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 32 - TELECOMMUNICATIONS › Section 860-032-0420 - Construction, Safety, and Reporting Standards for Telecommunications Providers

Current through Register Vol. 63, No. 7, July 1, 2024
A telecommunications provider shall comply with the
				construction, safety, and reporting standards set forth in OAR chapter 860,
				division 024.
Stat. Auth.: ORS 183, 756, 757 & 759
Stats. Implemented: ORS
				  757.035
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 32 - TELECOMMUNICATIONS › Section 860-032-0430 - 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
				  757.270 -
				  757.290 &
				  759.650 -
				  759.675
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 32 - TELECOMMUNICATIONS › Section 860-032-0510 - Customer Proprietary Network Information (CPNI)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of this rule is to specify
			 requirements under which telecommunications carriers may use, disclose, or
			 permit access to customer proprietary network information. This rule does not
			 relieve telecommunications carriers of any requirements imposed by the Federal
			 Communications Commission (FCC) regarding Customer Proprietary Network
			 Information in 47 Code of Federal Regulations (CFR), Part 64, § 64.2001
			 through § 64.2009, or by Section 222 of the Communications Act of 1934, as
			 amended (47 USC
			 222).
(2) This rule applies to all
			 telecommunications carriers providing intrastate telecommunications service in
			 Oregon, except that it applies to telecommunications cooperatives only for
			 services which are subject to the Commission's jurisdiction pursuant to ORS
			 759.220 and
			 759.225.
(3) For purposes of this rule, the following
			 definitions apply:
(a) "Aggregate customer
			 proprietary network information" or "Aggregate CPNI" means collective CPNI data
			 that relates to a group or category of services or customers, from which
			 individual customer identities and characteristics have been removed.
(b) "Carrier" or "telecommunications carrier"
			 means any provider of intrastate telecommunications service as defined in ORS
			 759.005(1).
			 "Carrier" or "telecommunications carrier" includes competitive providers,
			 telecommunications cooperatives, and telecommunications utilities
(c) "Customer" means a subscriber, end-user,
			 or consumer of carrier services or an applicant for carrier services.
(d) "Customer proprietary network
			 information" or "CPNI" means individual customer information that a carrier
			 accumulates in the course of providing telecommunications service to the
			 customer. CPNI includes information that relates to type, quantity, technical
			 configuration, destination, location, billing amounts, and usage data. CPNI
			 also includes information contained in bills pertaining to telecommunications
			 service received by a customer, except that CPNI does not include subscriber
			 list information.
(e) "Subscriber
			 list information" means the listed names of subscribers of a carrier and those
			 subscribers' telephone numbers, addresses, or primary advertising
			 classifications (as such classifications are assigned at the time of
			 establishment of service), or any combination of such listed names, numbers,
			 addresses, or classifications.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 32 - TELECOMMUNICATIONS › Section 860-032-0520 - Customer Service Records (CSRs)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of this rule is to provide
			 for an exchange of information, in order to ensure that a requesting Local
			 Service Provider (LSP) has enough customer information from the current LSP, so
			 a customer can migrate local exchange service from one LSP to another in a
			 seamless and timely manner, without delays or unnecessary procedures. This rule
			 does not relieve carriers of any requirements imposed by either the Federal
			 Communications Commission (FCC) regarding Customer Proprietary Network
			 Information in 47 Code of Federal Regulations (CFR), Part 64, § 64.2001
			 through § 64.2009, or by Section 222 of the Communications Act of 1934, as
			 amended (47 USC
			 222).
(2) This rule:
(a) Applies to telecommunications carriers
			 without an approved interconnection agreement with the requesting LSP that
			 addresses requirements covered by this rule.
(b) Does not apply to telecommunication
			 cooperatives.
(c) Does not apply to
			 telecommunications carriers with an interconnection agreement with the
			 requesting LSP, which is approved pursuant to OAR 860-016-0020  through
			 860-016-0030, that addresses requirements covered by this rule.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 32 - TELECOMMUNICATIONS › Section 860-032-0610 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 183, 192, 756 & 759
Stats. Implemented: ORS
				  756.040,
				  759.015 &
				  759.425
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 32 - TELECOMMUNICATIONS › Section 860-032-0620 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 183, 192, 756 & 759
Stats. Implemented: ORS
				  756.040,
				  759.015 &
				  759.425
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 32 - TELECOMMUNICATIONS › Section 860-032-0630 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 183, 192, 756 & 759
Stats. Implemented: ORS
				  756.040,
				  759.015 &
				  759.425
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 32 - TELECOMMUNICATIONS › Section 860-032-0640 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 183, 192, 756 & 759
Stats. Implemented: ORS
				  756.040,
				  759.015 &
				  759.425
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 32 - TELECOMMUNICATIONS › Section 860-032-0650 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 183, 192, 756 & 759
Stats. Implemented: ORS
				  756.040,
				  759.015 &
				  759.425
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 32 - TELECOMMUNICATIONS › Section 860-032-0660 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 183, 192, 756 & 759
Stats. Implemented: ORS
				  756.040,
				  759.015 &
				  759.425
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 33 - RESIDENTIAL SERVICE PROTECTION FUND (RSPF) › Section 860-033-0001 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The rules in
			 this Division apply to all telecommunications providers interconnected voice
			 over internet protocol service providers, and cellular, wireless, or other
			 radio common carriers that offer service in Oregon with access to the Oregon
			 Telecommunications Relay Service and to the applicants for and recipients of
			 RSPF benefits.
(2) Upon request or
			 its own motion, the Commission may waive any of the division 33 rules for good
			 cause shown. A request for waiver must be made in writing, unless otherwise
			 allowed by the Commission.
(3) In
			 computing any period of time prescribed or allowed by these rules, the first
			 day of the act or event is not included. The last day of the period is
			 included, unless the last day is a Saturday or legal holiday; then the period
			 runs until the end of the next day that is not a Saturday or legal holiday.
			 Legal holidays are those identified in ORS
			 187.010 and
			 187.020.
Statutory/Other Authority: ORS 183, ORS 756, ORS 759 &
				  1987 OL Ch. 290
Statutes/Other Implemented: ORS
				  756.040 & 1987
				  OL Ch. 290
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 33 - RESIDENTIAL SERVICE PROTECTION FUND (RSPF) › Section 860-033-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of this division:
(1) "Basic Service" means "basic telephone service" as defined in OAR 860-032-0190. For qualifying low-income recipients, basic service also includes access to toll-limitation services.
(2) "Broadband internet access service" has the same meaning as defined in OAR 860-250-0010.
(3) "Competitive Provider" means a competitive telecommunications provider as defined in ORS 759.005(1) that provides services authorized under ORS 759.020.
(4) "Cooperative" means a cooperative corporation or association that provides local exchange telecommunications service within its own exchanges, is organized under ORS Chapter 62, and is certified under ORS 759.025(2).
(5) "Duplicate Support" means a customer is receiving OTAP or Lifeline supported services on two or more single lines or single line equivalents concurrently, or two or more customers in a household are receiving OTAP or Lifeline supported services concurrently.
(6) "Economic unit" means all adult individuals, eighteen or older, contributing to and sharing in the income and expenses of a household, including adult individuals with minimal or no income who benefit from another individual's financial support. Children under the age of eighteen living with their parents or guardians are considered to be part of the same household as their parents or guardians.
(7) "Eligible Telecommunications Carrier" means a provider of telecommunications service, including a cellular, wireless, or other radio common carrier, that is designated by order of the Commission as eligible to receive federal universal service support throughout a designated service area.
(8) "Eligible Telecommunications Provider" means a provider of telecommunications service, including a cellular, wireless, or other radio common carrier, that is designated by order of the Commission as eligible to provide OTAP to its qualifying low-income customers throughout a designated service area.
(9) "Household" means any individual or group of individuals, related or unrelated, who are living together at the same address as one economic unit.
(10) "Income" means gross income as defined under section  61 of the Internal Revenue Code, 26 USC §
									61, for all members of the household from any source derived, unless specifically excluded by the Internal Revenue Code, Part III of Title 26, 26 USC §
									101, et. seq.
(11) "Interconnected voice over internet protocol service" means a service that:
(a) Enables a real-time, two-way voice communications;
(b) Requires a broadband connection from the user's location;
(c) Requires internet protocol-compatible customer premises equipment; and
(d) Permits users generally to receive calls that originate on the public switched telephone network and to terminate calls to the public switched telephone network.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 33 - RESIDENTIAL SERVICE PROTECTION FUND (RSPF) › Section 860-033-0006 - Monthly RSPF Surcharge

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Commission reviews the surcharge rate and the balance in the RSPF annually. The
			 Commission may adjust the amount of the surcharge to ensure the fund has
			 adequate resources but does not exceed six months of projected expenses. A rate
			 adjustment ordered by the Commission following the annual review becomes
			 effective January 1 of the year following the review.
(2) The surcharge does not apply to entities
			 upon which the state is prohibited from imposing the surcharge by the
			 Constitution or laws of the United States or the Constitution or laws of the
			 State of Oregon including, but not limited to:
(a) Counties and political subdivisions.
(a) Counties and political
			 subdivisions.
(b) Federal, state
			 and municipal government bodies or public corporations. For purposes of this
			 rule, "public corporation" means a corporation formed by a state or local
			 government authority for the public's benefit or for a public purpose. A
			 regional housing authority qualifies as a public corporation.
(c) Federally chartered corporations
			 specifically exempt from state excise taxes by federal law.
(d) Federally recognized Native-American
			 Tribes, and tribal members who live within federally recognized Indian country
			 and are enrolled members of the tribe with sovereignty over that Indian
			 country.
(e) Foreign government
			 offices and representatives that are exempt from state taxation by treaty
			 provisions.
(f) Interconnection
			 between telecommunications utilities, telecommunications cooperatives,
			 competitive telecommunications services providers certified under ORS
			 759.020,
			 radio common carriers and interexchange carriers.
(g) Any other agency, organization or person
			 claiming an exemption is required to identify the authority for its claim to a
			 provider. If a telecommunications provider or interconnected voice over
			 internet protocol service provider is unable to determine the status of a
			 subscriber the Commission will determine whether the subscriber is
			 exempt.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 33 - RESIDENTIAL SERVICE PROTECTION FUND (RSPF) › Section 860-033-0007 - Late Reports and Failure to Remit Surcharge

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For any period for which a
			 telecommunications provider, interconnected voice over internet protocol
			 service provider, or a cellular, wireless, or other radio common carrier fails
			 to file a Remittance Report and remit the surcharge by the due date as required
			 by these rules, the Commission may issue a notice of proposed assessment for
			 the surcharge amount to the telecommunications provider, interconnected voice
			 over internet protocol service provider, or a cellular, wireless, or other
			 radio common carrier based upon any information available to the
			 Commission.
(2) If a
			 telecommunications provider, interconnected voice over internet service
			 provider or a cellular, wireless, or other common carrier failed to file a
			 Remittance Report within the time specified in these rules, the Commission may
			 add to the proposed assessment a late report fee per OAR 860-001-0050(3)(e)
 
			 and, if the provider or carrier failed to remit the surcharge by the due date,
			 the Commission may add an assessment, up to a maximum of $500, and interest on
			 the surcharge amount owed at the rate of 9 percent per annum from the due date.
(3) The proposed assessment may
			 not cover a period longer than three years prior to the date of the notice of
			 proposed assessment. But, if the telecommunications provider did not hold a
			 certificate of authority, if one was required by law, the Commission has an
			 unlimited time to propose an assessment for the period represented by the
			 non-filed Remittance Report.
(4) In
			 addition to any other penalty allowed by law, the Commission may suspend or
			 cancel a telecommunications provider's certificate of authority to provide
			 telecommunications service or revoke an eligible telecommunications provider's
			 designation for failure to timely file a Remittance Report or its failure to
			 remit the surcharge by the due date.
Statutory/Other Authority: ORS 183, ORS 756, ORS 759 &
				  1987 OL Ch. 290
Statutes/Other Implemented: ORS
				  756.040, ORS
				  759.036  & 1987 OL Ch. 290
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 33 - RESIDENTIAL SERVICE PROTECTION FUND (RSPF) › Section 860-033-0009 - Notice of Proposed Assessment, Hearing, and Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To request a hearing on the notice of
			 proposed assessment, the telecommunications provider, interconnected voice over
			 internet protocol service provider or cellular, wireless, or other radio common
			 carrier must 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 reasoning in support thereof. Factual matters not
			 denied will be considered admitted, and failure to raise a defense will be a
			 waiver of the defense. The Commission must receive the request for hearing
			 within 30 days of the date of the notice of proposed assessment was mailed.
(a) If the Commission does not receive a
			 written request for hearing within 30 days, the Commission may enter an order
			 on default based upon information in the Commission's files. Any amount
			 assessed by the Commission in an order on a notice of proposed assessment is
			 due and payable ten days after the issue date of the order, unless a different
			 due date is specified in the order.
(b) If a written request for hearing is filed
			 within the 30-day period, the Commission will grant the telecommunications
			 provider, interconnected voice over internet protocol service provider or the
			 cellular, wireless, or other radio common carrier a hearing and give the
			 telecommunications provider, interconnected voice over internet protocol
			 service provider or the cellular, wireless, or other radio common carrier at
			 least 10 days' notice of the time and place of a hearing.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 33 - RESIDENTIAL SERVICE PROTECTION FUND (RSPF) › Section 860-033-0010 - Oregon Telephone Assistance Program (OTAP) and Lifeline Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon
			 Telephone Assistance Program (OTAP) is designed to provide a reduced rate or
			 discount for an Eligible Telecommunications Provider's broadband internet
			 access service, basic service, or both, whether sold separately or in
			 combination with other services, to low-income customers who meet eligibility
			 requirements.
(2) An Eligible
			 Telecommunications Provider must offer to all low-income customers who meet
			 eligibility requirements OTAP discounts with all service offerings that include
			 broadband internet access service or basic telephone service. Reduced rates or
			 discounts apply to the single line, or service that is functionally equivalent
			 to a single line, serving the eligible customer's principal residence in
			 Oregon. An Eligible Telecommunications Provider may not decline to provide the
			 OTAP and the Lifeline discount to an eligible customer for wireless service on
			 the basis the customer has an out-of-state telephone number.
(3) Eligible Telecommunications Providers and
			 the Commission must treat OTAP and Lifeline data as confidential information,
			 to the extent allowed by law, and OTAP and Lifeline data may be used only for
			 OTAP and Lifeline purposes.
Statutory/Other Authority: ORS 183, ORS 756, ORS 759 &
				  1987 OL Ch. 290
Statutes/Other Implemented: ORS
				  756.040, ORS
				  759.036  & 1987 OL Ch. 290
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 33 - RESIDENTIAL SERVICE PROTECTION FUND (RSPF) › Section 860-033-0021 - Eligible Telecommunications Provider Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A telecommunications provider, or
			 cellular, wireless, or other radio common carrier may petition the Commission
			 for designation as an Eligible Telecommunications Provider. To be designated as
			 an Eligible Telecommunications Provider, the petitioner must demonstrate that
			 it will:
(a) Offer services under  47 C.F.R.
			 § 54  Subpart E (2013) using either its own facilities or a combination of
			 its own facilities and resale of another carrier's services (including the
			 services offered by another Eligible Telecommunications Carrier throughout the
			 service area) or for Lifeline-only carriers, a compliance plan that has been
			 approved by the Federal Communications Commission. Under  47 C.F.R. § 54
			  Subpart C (2012), the requirement of using its "own facilities" includes, but
			 is not limited to, purchasing unbundled network elements from another
			 carrier.
(b) Advertise the
			 availability of and the charges for such services using media of general
			 distribution; and
(c) Comply with
			 OAR 860-033-0005  through 860-033-0110.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 33 - RESIDENTIAL SERVICE PROTECTION FUND (RSPF) › Section 860-033-0030 - OTAP and Lifeline Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A low-income customer demonstrates
			 eligibility for OTAP and Lifeline by application to the Commission on a
			 Commission-approved form demonstrating compliance with this rule.
(2) To be eligible, the customer, one or more
			 of the customer's dependents or the customer's household must:
(a) Receive benefits from one of the
			 following public assistance programs: Medicaid under Title XIX and XXI of the
			 Social Security Act; Supplemental Nutrition Assistance Program; Supplemental
			 Security Income; Federal Public Housing Assistance (Section 8); or Veterans and
			 Survivors Pension Benefit; or
(b)
			 Have income that is at or below 135 percent of the applicable Federal Poverty
			 Guidelines for a household of that size.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 33 - RESIDENTIAL SERVICE PROTECTION FUND (RSPF) › Section 860-033-0035 - OTAP and Lifeline Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A residential customer qualifying for the OTAP and Lifeline benefit pays a
			 reduced monthly rate, as established by the Commission, for broadband internet
			 access service or basic service, or both, whether sold separately or in
			 combination with other services, provided by an Eligible Telecommunications
			 Provider. The monthly OTAP benefit includes:
(a) The federal Lifeline program support in
			 accordance with
			 47 C.F.R. §
										54.403, if available; and
(b) For a customer paying a monthly rate, the
			 State of Oregon support of up to $10.00. The customer may not receive a monthly
			 OTAP benefit in excess of the customer's monthly rate; or
(c) For a customer that receives the OTAP
			 supported service at no charge, the State of Oregon support of $10.00. If an
			 Eligible Telecommunications Provider that offers OTAP supported service at no
			 charge to the low-income customer demonstrates to the Commission that it
			 provides unlimited voice minutes for basic service and unlimited data for any
			 broadband internet access service provided to the customer, the Commission may
			 authorize a State of Oregon support amount up to $10.00.
(d) The Commission may reduce the State of
			 Oregon support by order of the Commission when sufficient funding is not
			 available to sustain the current level of support.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 33 - RESIDENTIAL SERVICE PROTECTION FUND (RSPF) › Section 860-033-0040

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 860-033-0045 - OTAP Compensable Expenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Eligible Telecommunications Provider
			 may be compensated for the State of Oregon benefit provided to each customer
			 enrolled in OTAP by the Commission. If an Eligible Telecommunications Provider
			 offers OTAP supported service at no charge to the low-income customer, the
			 Commission may authorize compensation for the basic service and broadband
			 internet access service provided to each eligible customer.
(a) An Eligible Telecommunications Provider
			 offering OTAP supported service at no charge to the low-income customer that is
			 authorized to seek compensation must provide detailed information on the basic
			 service and broadband internet access service provided to each eligible
			 customer for which it seeks compensation.
(b) An Eligible Telecommunications Provider
			 must report the average monthly usage of voice minutes and data by its OTAP
			 customers to the Commission in an electronic format that is accessible to the
			 public.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 33 - RESIDENTIAL SERVICE PROTECTION FUND (RSPF) › Section 860-033-0046 - OTAP and Lifeline Accounting, Reporting and Auditing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Based upon accounting procedures approved
			 by the Commission, Eligible Telecommunications Providers and must maintain
			 accounting records so that costs associated with OTAP and Lifeline can be
			 separately identified. The Eligible Telecommunications Provider must provide
			 records to the Commission upon request.
(2) Order Activity Report: The Order Activity
			 Report is a listing of all OTAP or Lifeline customers whose phone service or
			 broadband internet access service was disconnected, who voluntarily de-enrolled
			 or were de-enrolled for failure to use the OTAP or Lifeline supported service
			 that the Eligible Telecommunications Provider offers at no charge, and a
			 listing of all OTAP or Lifeline customers whose telephone numbers, addresses,
			 or service initiation dates and service types have changed. The listing must
			 include the customer's first and last name and Commission-assigned OTAP
			 Identification Number. Except as specified in section (4) of this rule, each
			 Eligible Telecommunications Provider must submit weekly to the Commission in an
			 electronic format accessible by the Commission an Order Activity Report.
(3) No Match Report: When the
			 Commission notifies the Eligible Telecommunications Provider of customers who
			 meet eligibility criteria, the Eligible Telecommunications Provider must submit
			 an electronic No Match Report in a format accessible by the Commission that
			 contains the following:
(a) Any discrepancy
			 that prevents a customer from receiving the OTAP or Lifeline benefit;
			 and
(b) The Commission-approved
			 low-income customer's service initiation date and service type.