Oregon Administrative Code

860-032-0097 Estimated Annual Fees Payable to the Commission (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 f…

860-032-0100 Collective Consideration of Oregon Intrastate Rate, Tariff, or Service Proposals (1) Local exchange telecommunications utilities, unincorporated associations, and cooperative corporations may become members of the Oregon Exchange Carrier Association, Inc. The Associa…

860-032-0190 Definition of Basic Telephone Service (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 tele…

860-032-0200 Essential Services (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 syste…

860-032-0220 Application for Service by Unserved Person (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, ad…

860-032-0230 Pay Telephones (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 t…

860-032-0410 Location of Underground Facilities A telecommunications provider and its customers shall comply with requirements of OAR chapter 952 regarding the prevention of damage to underground facilities. Statutory/Other Authority: ORS 183, 756, 757 & 759 Statutes/Other Implem…

860-032-0420 Construction, Safety, and Reporting Standards for Telecommunications Providers A telecommunications provider shall comply with the construction, safety, and reporting standards set forth in OAR chapter 860, division 024. Statutory/Other Authority: ORS 183, 756, 757 &…

860-032-0430 Attachments to Poles and Conduits Owned by Public, Telecommunications, and Consumer-Owned Utilities Pole and conduit attachments shall comply with the rules set forth in OAR chapter 860, division 028. Statutory/Other Authority: ORS 183, 756, 757 & 759 Statutes/Other …

860-032-0510 Customer Proprietary Network Information (CPNI) (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 telecommunicati…

860-032-0520 Customer Service Records (CSRs) (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…

860-033-0001 Applicability (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 Telecom…

860-033-0005 Definitions 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 serv…

860-033-0006 Monthly RSPF Surcharge (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 adj…

860-033-0007 Late Reports and Failure to Remit Surcharge (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 th…

860-033-0008 Commission Audit (1) A telecommunications provider, interconnected voice over internet protocol service provider and a cellular, wireless, or other radio common carrier must keep all records supporting each Remittance Report it has submitted to the Commission for thr…

860-033-0009 Notice of Proposed Assessment, Hearing, and Order (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 su…

860-033-0010 Federal and Oregon Lifeline Applicability (1) The Oregon Lifeline Program 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 combinat…

860-033-0021 Eligible Telecommunications Provider Requirements (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 Telecommu…

860-033-0030 Federal and Oregon Lifeline Eligibility (1) A low-income customer demonstrates eligibility for Federal and Oregon Lifeline by application to the Commission on a Commission-approved form demonstrating compliance with this rule. (2) To be eligible, the customer, one or…

860-033-0035 Federal and Oregon Lifeline Benefits (1) A residential customer qualifying for the Federal and Oregon Lifeline benefit pays a reduced monthly rate, as established by the Commission, for broadband internet access service or basic service, or both, whether sold separat…

860-033-0045 Oregon Lifeline Compensable Expenses (1) The Eligible Telecommunications Provider may be compensated for the State of Oregon benefit provided to each customer enrolled in the Oregon Lifeline program by the Commission. If an Eligible Telecommunications Provider offers…

860-033-0046 Federal and Oregon Lifeline Accounting, Reporting and Auditing (1) Based upon accounting procedures approved by the Commission, Eligible Telecommunications Providers and must maintain accounting records so that costs associated with Federal and Oregon Lifeline can be…

860-033-0050 Tribal Lifeline and Tribal Link-Up (1) The Commission must determine if a prospective Tribal Lifeline or Tribal Link Up recipient who has executed a certification pursuant to 47 C.F.R. § 54 Subpart E (2013) has previously received a Tribal Lifeline or Tribal Link Up …

860-033-0100 Toll Limitation Service and Prohibited Charges (1) Upon request and availability, a Federal or Oregon Lifeline customer is entitled to Toll Limitation Service from an Eligible Telecommunications Provider at no additional charge. (2) An Eligible Telecommunications Pro…

860-033-0110 Advertising, Marketing and Outreach (1) An Eligible Telecommunications Provider may not conceal or misstate a material fact about the Federal or Oregon Lifeline program in advertising, marketing materials or other outreach to Oregon consumers. (2) An Eligible Telecom…

860-033-0505 Telecommunication Devices Access Program (TDAP) Definitions (1) "Adaptive Equipment" means equipment that permits a person with a disability, other than a hearing or speech impairment, to communicate effectively on the telephone. (2) "Assistive Telecommunication Devi…

860-033-0530 TDAP Eligibility and Distribution of Assistive Telecommunication Devices or Adaptive Equipment (1) A person age four and above may apply to receive an Assistive Telecommunication Device or Adaptive Equipment from the Commission. The application must be submitted usin…

860-033-0535 Ownership Conditions and Liability (1) All Assistive Telecommunication Devices or Adaptive Equipment purchased by the Commission remain the property of the State of Oregon for four years from the Commission’s purchase date. (2) A recipient who received TDAP equipment…

860-033-0537 Notice of Proposed Assessment, Hearing, and Order (1) If the recipient does not comply with the requirements in OAR 860-033-0535, the Commission may issue a notice of proposed assessment to the recipient at the address on file with the Commission for the cost to repa…

860-034-0010 Scope of the Rules (1) Upon request or its own motion, the Commission may waive any of the Division 034 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission. (2) The rules contained in this division appl…

860-034-0015 Through Service “Through service” means an Oregon intrastate telecommunications service the provision of which involves the facilities, equipment, or services of two or more telecommunications utilities and/or cooperatives. Examples of “through services” may include,…

860-034-0020 Definitions for OAR 860-034-0030 through 860-034-0290 As used in OAR 860-034-0030 through 860-034-0290: (1) "Applicant" means a person who: (a) Applies for service with a small telecommunications utility; or (b) Reapplies for service at a new or existing location aft…

860-034-0030 Applications for Service from a Small Telecommunications Utility (1) An application for telecommunications utility service must be made when: (a) Service is requested by a person who has not previously been served by the small telecommunications utility; or (b) Servi…

860-034-0040 Information for Utility Customers and Applicants (1) Each small telecommunications utility shall, upon request, furnish each customer and applicant with such information as is reasonable to permit them to secure efficient service. (2) Each small telecommunications ut…

860-034-0050 Multilingual Notices (1) A small telecommunications utility shall provide a multilingual disconnect notice when 5 percent or 500 customers, whichever is the lesser, have requested such a notice. (2) Disconnect notices as required in section (1) of this rule shall con…

860-034-0060 Dispute Resolution (1) When a dispute occurs between a customer or applicant and a small telecommunications utility about any charge or service, the utility must: (a) Thoroughly investigate the matter; (b) Promptly report the results of its investigation to the compl…

860-034-0070 Designation of Third Party to Receive Notices Each small telecommunications utility shall offer its customers the option to designate a third party to receive bills and notices set forth in these rules. When a small telecommunications utility receives such designatio…

860-034-0080 Restrictions on Entering a Customer Residence No employee of a small telecommunications utility shall enter the residence of a customer without proper authorization except in an emergency endangering life or property. Statutory/Other Authority: ORS 183, 756 & 759 Sta…

860-034-0090 Interruption of Utility Service (1) Each small telecommunications utility shall keep a record of any interruption of service affecting its whole system, or a major section thereof, including a statement of the time, duration, and cause of interruption. (2) Each small…

860-034-0095 Annual Fees Payable to the Commission by a Small Telecommunications Utility (1) On statement forms prescribed by the Commission, each small telecommunications utility must provide the requested information for the subject year. (2) Each small telecommunications utili…

860-034-0097 Estimated Annual Fees Payable to the Commission (1) For any year in which a small telecommunications utility fails to file a completed statement form, the Commission may determine a proposed annual fee based upon any information available to the Commission. The propo…

860-034-0100 Temporary Utility Service Each small telecommunications utility may render temporary service to a customer and may require the customer to bear all the cost of installing and removing the service in excess of any salvage realized. The length of temporary service shal…

860-034-0110 Due and Payable Period (1) Each small telecommunications utility shall establish procedures to ensure that the period from the billing transmittal for all current charges, including payment of final bills, to the due date, is not less than 15 days. (2) If the bill is…

860-034-0120 Late-Payment Charge (1) A small telecommunications utility may apply a late-payment charge to customer accounts not paid in full each month, provided the utility has filed the late-payment charge in its rate schedule. (2) The charge will be based on a monthly late-pa…

860-034-0130 Adjustment of Utility Bills (1) When a small telecommunications utility has incorrectly billed a retail customer, the utility must take corrective action as follows: (a) If the date of the error can be determined, the small telecommunications utility must issue a bil…

860-034-0140 Establishing Credit for Residential Utility Service (1) An applicant or customer may demonstrate satisfactory credit for new or continuing service by showing any of the following, provided that a deposit is not required under section (2) of this rule: (a) Received 12…

860-034-0150 Payment Arrangements for Deposit and Installation Charges for Residential Utility Service (1) Time payments for deposits and nonrecurring charges shall be limited to charges for residential utility service and intraLATA toll. When a small telecommunications utility r…

860-034-0160 Interest on Deposits for Residential and Nonresidential Utility Service (1) Each year, the Commission shall establish an annual interest rate that must be paid on customer deposits. The Commission will base the rate upon consideration of the effective interest rate f…

860-034-0170 Refund of Deposits for Residential and Nonresidential Utility Service (1) A small telecommunications utility shall promptly refund a customer’s deposit with accrued interest when utility service is terminated, provided a refund due shall first be applied to any unpai…