Oregon Administrative Code

860-034-0180 Grounds for Disconnecting Utility Service Utility service may be disconnected by a small telecommunications utility: (1) When the applicant or customer fails to pay a deposit or make payments in accordance with the terms of a deposit payment arrangement. (2) When the…

860-034-0190 Voluntary Disconnection of Utility Service Every customer who is about to vacate any premises supplied with utility service by the small telecommunications utility, or who for any reason wishes to have such service discontinued, shall give five days’ notice in advanc…

860-034-0200 Emergency Disconnection of Utility Service In emergencies endangering life or property, a small telecommunications utility may terminate utility service without following the procedures set forth in division 34. However, the small telecommunications utility shall imm…

860-034-0210 Disconnection of Utility Service on Weekends and Holidays Utility service shall not be disconnected for nonpayment on or the day prior to a weekend or a state or utility-recognized holiday Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS …

860-034-0220 Accounts Not Related to Residential Utility Service A small telecommunications utility may not deny or disconnect residential utility service due to the failure to pay for nonresidential utility service, or to meet obligations in connection with nonresidential utilit…

860-034-0230 Reconnection Fee for Utility Service Where a utility service is disconnected pursuant to OAR 860-034-0180, the small telecommunications utility may charge the reconnection fee set forth in its tariff. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Imple…

860-034-0240 Transfer Billings (1) If a small telecommunications utility identifies a balance a customer owes the utility from the customer’s prior account for Oregon utility service, the small telecommunications utility may transfer the amount to the customer’s current account a…

860-034-0250 Refusal of Utility Service (1) Refusal of utility service by a small telecommunications utility: (a) A small telecommunications utility may refuse to provide service to a customer or applicant until the utility receives full payment of any overdue amount of an Oregon…

860-034-0260 Disconnection Procedures for Commercial and Residential Utility Customers (1) This rule applies to the involuntary termination of all utility service provided by a small telecommunications utility. (2) The small telecommunications utility must provide written notice …

860-034-0270 Emergency Medical Certificate for Residential Utility Service (1) A small telecommunications utility shall not disconnect local exchange residential service if the customer submits certification from a qualified medical professional stating that disconnection would s…

860-034-0275 Termination of Local Exchange Residential Service for Telecommunications Customers at Significant Risk (1) "At significant risk" means: (a) At risk of domestic violence, as defined in ORS 135.230; (b) At risk of unwanted sexual contact, as defined in ORS 163.305; (c)…

860-034-0276 Time Payment Agreements for Small Telecommunications Utilities (1) A time payment agreement must contain, at a minimum, the following terms: (a) An initial customer down payment of $10 or 25 percent of the balance owing for tariffed or price-listed small telecommunic…

860-034-0280 Telephone Solicitation Notices by Small Telecommunications Utilities Each small telecommunications utility shall notify its residential customers of the provisions of ORS 646.561, 646.563, 646.567 through 646.578, and 646.608. The notice shall include a statement tha…

860-034-0290 Customer Notification and Information Delivery Services for Small Telecommunications Utilities (1) As used in this rule: (a) "Information provider" means any person, company, or corporation that operates an information delivery service on a pay-per-call basis; (b) "I…

860-034-0300 Tariffs of Small Telecommunications Utilities (1) Small telecommunications utilities not subject to ORS 759.175 must, upon the Commission's request, provide copies of any schedules showing rates, tolls, and charges, including all rules and regulations that in any man…

860-034-0310 Announcement of Rate Increases by Small Telecommunications Utilities (1) A small telecommunications utility that increases any rate contained in a tariff schedule must notify its affected customers at least 45 days before the proposed effective date of the increase. …

860-034-0320 Notice to Interested Persons of Tariffs Filed Under ORS 759.175 by Small Telecommunications Utilities (1) This rule applies to any tariff filed under ORS 759.175. (2) Any person who requests of the Commission, in writing, to be notified of a small telecommunications …

860-034-0325 Requests to Abandon, Exempt from Regulation, or Price-List Regulated Telecommunications Services 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. Statutory/Other Authority:…

860-034-0330 Relating to City Privilege Taxes, Fees, and Other Assessments Imposed Upon a Small Telecommunications Utility or Type 2 Cooperative (1) The aggregate amount of all privilege taxes and fees and other assessments imposed upon a company, as defined in section (2) of thi…

860-034-0340 Relating to Local Government Fees, Taxes, and Other Assessments Imposed Upon a Small Telecommunications Utility or Type 2 Cooperative (1) "Taxes," as used in this rule, means sales, use, net income, gross receipts, payroll, business or occupation taxes, levies, fees,…

860-034-0350 Forced Conversion of Communication Facilities for Small Telecommunications Utilities and Type 2 Cooperatives (1) As used in this rule: (a) "Convert," "converting," or "conversion" means the removal of overhead communication facilities and the replacement of those fac…

860-034-0380 Maintenance of Plant and Equipment by Small Telecommunications Utilities 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 tel…

860-034-0390 Retail Telecommunications Service Standards for Small Telecommunications Utilities Every small telecommunications utility must adhere to the following standards: (1) Definitions. (a) "Access Line" — A facility engineered with dialing capability to provide retail tele…

860-034-0392 Accounting for Directors’ Fees by Small Telecommunications Utilities 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 expens…

860-034-0393 Uniform System of Accounts for Small Telecommunications Utilities (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…

860-034-0394 Allocation of Costs by Small Telecommunications Utilities (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 a…

860-034-0395 Annual Report Requirements for Small Telecommunications Utilities 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 Co…

860-034-0396 Reporting of Affiliated Transactions by Small Telecommunications Utilities (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 dur…

860-034-0397 Use of Deferred Accounting by Small Telecommunications Utilities (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 a…

860-034-0400 Maps and Records of Small Telecommunications Utilities and Telecommunications Cooperatives (1) Each small telecommunications utility and telecommunications cooperative shall keep on file current maps and records of the entire plant showing size, location, character, …

860-034-0420 Location of Underground Facilities 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. Statutory/Other Authority: ORS 183, 7…

860-034-0430 Construction, Safety, and Reporting Standards for Small Telecommunications Utilities and Telecommunications Cooperatives Every small telecommunications utility and telecommunications cooperative shall comply with the construction, safety, and reporting standards set …

860-034-0440 Applicability and Formal Requirements for Small Telecommunications Utilities and Telecommunications Cooperatives (1) The rules contained in this division are auxiliary to and supplemental to the rules contained in divisions 011 through 014 of this chapter, Practice a…

860-034-0450 Applications for Approval of Contracts to Avoid or Eliminate Duplicate Utility Service for Small Telecommunications Utilities and Telecommunications Cooperatives For purposes of this rule, "utility service" means telecommunications utility service as defined in ORS 7…

860-034-0460 Applications for Approval of Amendments to Contracts to Avoid or Eliminate Duplicate Utility Service for Small Telecommunications Utilities and Telecommunications Cooperatives For purposes of this rule, "utility service" means telecommunications utility service as de…

860-034-0470 Applications for Allocation of Exclusively Served Territory by Small Telecommunications Utilities and Telecommunications Cooperatives For purposes of this rule, "utility service" means telecommunications utility service as defined in ORS 759.500(3). An application un…

860-034-0480 Applications for Allocation of Unserved Territory for Small Telecommunications Utilities and Telecommunications Cooperatives For purposes of this rule, "utility service" means telecommunications utility service as defined in ORS 759.500(3). An application under ORS 7…

860-034-0490 Applications to Transfer Rights to Allocated Territory for Small Telecommunications Utilities and Telecommunications Cooperatives For purposes of this rule, "utility service" means telecommunications utility service as defined in ORS 759.500(3). An application under …

860-034-0495 Application by an Unserved Person for Service from a Small Telecommunications Utility 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 wit…

860-034-0505 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 …

860-034-0580 Preservation and Destruction of Records for Small Telecommunications Utilities and Type 2 Cooperatives 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)…

860-034-0600 Definitions for Depreciation Guidelines for Small Telecommunications Utilities and Type 2 Cooperatives 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 …

860-034-0610 Revision of Depreciation Guidelines 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. Statutory…

860-034-0620 Filing Deadlines for a Request for an Exception by a Small Telecommunications Utility or Type 2 Cooperatives (1) A small telecommunications utility or Type 2 cooperative requesting an exception from the depreciation guidelines for one or more calendar years shall fil…

860-034-0630 Information to be Included With a Request for an Exception Filed Under OAR 860-034-0620 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 see…

860-034-0640 Review by Staff of a Request for an Exception Filed Under OAR 860-034-0620 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…

860-034-0650 Petition to Open Depreciation Docket 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 …

860-034-0660 Review Procedure and Schedule for a Request for an Exception Filed Under OAR 860-034-0650 (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 except…

860-034-0670 Extension of Time for a Request for an Exception 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. Statutory/Other Authority: ORS 183, 756 & 759 Stat…

860-034-0710 Extension of Time for a Request for an Exception Filed Under OAR 860-034-0650 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 an…