Chapter 759 — Chapter 759
140 sections in this chapter.
ORS 759.257 Extended area service: Portland to Scappoose. (1) Two-way, flat rate or measured extended area service shall be provided by each telecommunications utility providing service between the Portland EAS Region and the Scappoose Exchange, as described by EAS and exchange maps filed with and approved by the Public Utility Commission
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(2) The service provided for in subsection (1) of this section may be implemented during the currently pending Portland EAS Region Expansion, but in no event shall such implementation occur later than November 1, 1998. (3) Nothing in subsection (1) of this section authorizes a te…
ORS 759.259 Extended area service: Portland to Molalla. (1) Two-way, flat rate or measured extended area service shall be provided by each telecommunications utility providing service between the Portland EAS Region and the Molalla Exchange, as described by EAS and exchange maps filed with and approved by the Public Utility Commission
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(2) The service provided for in subsection (1) of this section may be implemented during the currently pending Portland EAS Region Expansion, but in no event shall such implementation occur later than November 1, 1998, after approval by customers of the Molalla Exchange. (3) Noth…
ORS 759.260 Unjust discrimination in rates. (1) Except as provided in ORS 759.265, no telecommunications utility or any agent or officer thereof shall, directly or indirectly, by any device, charge, demand, collect or receive from any person a greater or less compensation for any service rendered or to be rendered by it than
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(a) That prescribed in the public schedules or tariffs then in force or established; or (b) It charges, demands, collects or receives from any other person for a like and contemporaneous service under substantially similar circumstances. A difference in rates or charges based upo…
ORS 759.265 Practices not constituting unjust discrimination. (1) ORS 759.260 does not prevent any telecommunications utility from giving free service, or reduced rates therefor, to
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(a) Its officers, directors, employees and members of their families; (b) Former employees of such telecommunications utilities or members of their families where such former employees have become disabled in the service of such telecommunications utility or are unable from physi…
ORS 759.267 Service promotion activities. A telecommunications utility may promote the use of its services by offering a waiver of part or all of a recurring or a nonrecurring charge, a redemption coupon or a premium with the purchase of a service. ORS 759.260 and 759.265 do not apply to promotions under this section, but the customer group to which the promotion is available must be based on reasonable distinctions among customers. [1993 c.204 §4]
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[Repealed or reserved.]
ORS 759.270 Reducing rates for persons furnishing part of facilities; rental of customer facilities; furnishing meters and appliances. (1) No telecommunications utility shall demand, charge, collect or receive from any person less compensation for any service rendered or to be rendered by the telecommunications utility in consideration of the furnishing by such person of any part of the facilities incident thereto
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(2) This section does not prohibit any telecommunications utility from renting any customer’s facilities incident to providing its services and for paying a reasonable rental therefor. (3) This section does not require a telecommunications utility to furnish any part of such appl…
ORS 759.275 Undue preferences and prejudices. (1) No telecommunications utility shall make or give undue or unreasonable preference or advantage to any particular person or locality, or shall subject any particular person or locality to any undue or unreasonable prejudice or disadvantage in any respect
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(2) Any telecommunications utility violating this section is guilty of unjust discrimination. [1987 c.447 §49]
ORS 759.280 Soliciting or accepting rebates or special advantage. No person shall knowingly solicit, accept or receive any rebate, concession or discrimination in respect to any service whereby any such service shall, by any device, be rendered free or at a lesser rate than that named in the published schedules and tariffs in force, or whereby any service or advantage is received other than authorized in this chapter. [1987 c.447 §50]
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[Repealed or reserved.]
ORS 759.285 Charging rates based on cost of property not presently providing service. No telecommunications utility shall, directly or indirectly, by any device, charge, demand, collect or receive from any customer, rates which are derived from a rate base which includes within it any construction, building, installation or real or personal property not presently used for providing utility service to the customer. [1987 c.447 §51]
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[Repealed or reserved.]
ORS 759.290 [1989 c.621 §2; repealed by 2007 c.823 §6]
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ISSUANCE OF SECURITIES
ORS 759.300 “Stocks” defined. As used in ORS 759.300 to 759.360, “stocks” means stocks, stock certificates or other evidence of interest or ownership. [1987 c.447 §28]
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[Repealed or reserved.]
ORS 759.305 Power to regulate issuance of telecommunications stocks; rules. The power of telecommunications utilities to issue stocks and bonds, notes and other evidences of indebtedness and to create liens on their property situated within this state is a special privilege, the right of supervision, regulation, restriction and control of which is and shall continue to be vested in the state. Such power shall be exercised as provided by law and under such rules and regulations as the Public Utility Commission may prescribe. [1987 c.447 §29]
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[Repealed or reserved.]
ORS 759.310 When issuance of securities void. All stocks and bonds, notes or other evidences of indebtedness and any security of a telecommunications utility shall be void when issued
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(1) Without an order of the Public Utility Commission authorizing the same then in effect except as provided in ORS 759.315 (3) or (5). (2) With the authorization of the commission, but not conforming in its provisions to the provisions, if any, which it is required by the order …
ORS 759.315 Purposes for which securities may be issued; order required; exceptions; rules. (1) A telecommunications utility may issue stocks and bonds, notes and other evidences of indebtedness, and securities for the following purposes and no others, except as otherwise permitted by subsection (4) of this section
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(a) The acquisition of property, or the construction, completion, extension or improvement of its facilities. (b) The improvement or maintenance of its service. (c) The discharge or lawful refunding of its obligations. (d) The reimbursement of money actually expended from income …
ORS 759.320 Application of ORS 759.315. ORS 759.315 does not apply to the issuance, renewal or assumption of liability on any evidence of indebtedness when such issuance, renewal or assumption is for the purpose of acquiring specific real or personal property, if the aggregate principal amount thereof, together with all other then outstanding evidences of indebtedness issued, renewed or assumed under this section, does not exceed whichever is the greater of the following amounts
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(1) The amount of $75,000. (2) The amount of one-half of one percent of the sum of: (a) The total principal amount of all bonds or other securities representing secured indebtedness of the telecommunications utility issued or assumed and then outstanding; and (b) The capital and …
ORS 759.325 Application of ORS 759.375. ORS 759.375 does not apply to any mortgage or other encumbrance upon any real or personal property given to secure payment of any evidence of indebtedness issued under ORS 759.315. [1987 c.447 §33]
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[Repealed or reserved.]
ORS 759.330 Hearings and supplemental orders for securities issuance; joint approval for issuance by utility operating in another state. (1) To enable the Public Utility Commission to determine whether the commission will issue an order under ORS 759.315, the commission may hold a hearing and may make such additional inquiry or investigation, examine such witnesses, books, papers, documents and contracts and require the filing of such data as the commission deems necessary. The application for such order shall be given priority and shall be disposed of by the commission within 30 days after the filing of such application, unless that period is extended with the consent of the telecommunications utility
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(2) The commission may, upon application of the telecommunications utility, after opportunity for hearing and for good cause shown, make such supplemental orders in the premises as the commission finds necessary or appropriate, and may by any such supplemental order modify the pr…
ORS 759.335 Obligation of state as consequence of approval of issuance. No provision of ORS 759.300 to 759.360, and no deed or act done or performed under or in connection therewith, shall be held or construed to obligate the State of Oregon to pay or guarantee, in any manner whatsoever, any stock or bond, note or other evidence of indebtedness, authorized, issued or executed under the provisions of ORS 759.300 to 759.360. [1987 c.447 §35]
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[Repealed or reserved.]
ORS 759.340 Conditional approval of issuance. The Public Utility Commission may by order grant permission for the issue of stocks or bonds, notes or other evidences of indebtedness in the amount applied for, or in a lesser amount, or not at all, and may attach to the exercise of the permission such condition or conditions as the commission deems reasonable and necessary. [1987 c.447 §36]
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[Repealed or reserved.]
ORS 759.345 Use of proceeds from issuance; accounting; rules. (1) No telecommunications utility shall, without the consent of the Public Utility Commission, apply the issue of any stock or bond, note or other evidence of indebtedness, or any part or proceeds thereof, to any purpose not specified in the commission’s order, or to any purpose specified in the commission’s order in excess of the amount authorized for such purpose, or issue or dispose of the same on any terms less favorable than those specified in such order, or a modification thereof
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(2) The commission has power to require telecommunications utilities to account for the disposition of the proceeds of all sales of stocks and bonds, notes and other evidences of indebtedness, in such form and detail as the commission deems advisable, and to establish such rules …
ORS 759.350 Limitation on authority of utility to guarantee debt of another. No telecommunications utility shall assume any obligation or liability as guarantor, indorser, surety or otherwise in respect to the securities of any other person, firm or corporation, when such securities are payable at periods of more than 12 months after the date thereof, without first having secured from the Public Utility Commission an order authorizing it to do so. Every assumption made other than in accordance with such an order is void. [1987 c.447 §38]
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[Repealed or reserved.]
ORS 759.355 Issuance or use of proceeds contrary to commission order. No telecommunications utility shall directly or indirectly, issue or cause to be issued any stock or bond, note or other evidence of indebtedness in nonconformity with the order of the Public Utility Commission authorizing the same or contrary to the provisions of ORS 759.300 to 759.360, or of the Constitution of this state, or apply the proceeds from the sale thereof, or any part thereof, to any purpose other than the purposes specified in the commission’s order, or to any purpose specified in the commission’s order, in excess of the amount in the order authorized for such purpose. [1987 c.447 §39]
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[Repealed or reserved.]
ORS 759.360 Prohibited acts regarding issuance of securities. No person shall
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(1) Knowingly authorize, direct, aid in, issue or execute, or cause to be issued or executed, any stock or bond, note or other evidence of indebtedness, in nonconformity with the order of the Public Utility Commission authorizing the same, or contrary to the provisions of ORS 759…
ORS 759.375 Approval prior to sale, mortgage or disposal of operative utility property. (1) A telecommunications utility doing business in Oregon shall not, without first obtaining the Public Utility Commission’s approval of such transaction
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(a) Sell, lease, assign or otherwise dispose of the whole of the property of such telecommunications utility necessary or useful in the performance of its duties to the public or any part thereof of a value in excess of $100,000, or sell, lease, assign or otherwise dispose of any…
ORS 759.380 Purchase of stock or property of another utility. (1) No telecommunications utility shall, directly or indirectly, purchase, acquire or become the owner of any of the stocks or bonds or property utilized for utility purposes and having a value in excess of $10,000 of any other public utility or telecommunications utility unless authorized to do so by the Public Utility Commission
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(2) Every contract by any telecommunications utility for the purchase, acquisition, assignment or transfer to it of any of the stock of any other telecommunications utility by or through any person, partnership or corporation without the approval of the commission shall be void a…
ORS 759.385 Contracts regarding use of utility property; filing with commission; investigation. (1) When any telecommunications utility doing business in this state, except a telecommunications carrier that has elected to be subject to ORS 759.405 and 759.410, enters into a contract with another corporation with relation to the construction, operation, maintenance or use of the property of the telecommunications utility in Oregon, or the use of the property of the other contracting party, or any part of the property, or for service, advice, engineering, financing, rentals, leasing or for any construction or management charges with respect to any of the property, or for the purchase of property, materials or supplies, the proposed contract shall be filed with the Public Utility Commission for investigation and approval when the telecommunications utility owns a majority of or controls directly or indirectly the voting stock of the other contracting corporations
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(2) Any proposed contract described in subsection (1) of this section shall be filed with the commission within 90 days of execution of the contract. The contract shall be deemed to be executed on the date the parties sign a written contract or on the date the parties begin to tr…
ORS 759.390 Contracts with affiliated interests; procedure; use in rate proceedings. (1) As used in this section, “affiliated interest” with a telecommunications utility means
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(a) Every person owning or holding directly or indirectly five percent or more of the voting securities of the telecommunications utility. (b) Every person in any chain of successive ownership of five percent or more of the voting securities of the telecommunications utility. (c)…
ORS 759.393 Applicability of ORS 759.385 and 759.390. (1) Except as provided in subsection (2) of this section, the filing of proposed contracts under ORS 759.385 and 759.390 shall constitute a telecommunications utility’s sole reporting obligation under ORS 759.385 and 759.390 and the Public Utility Commission may not require a telecommunications utility to submit annual or other cumulative reports regarding such contracts, including contracts with affiliates of the utility
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(2) On April 1 of each year, every telecommunications utility shall file with the commission a list of affiliate contracts executed in the 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 exe…
ORS 759.394 [1991 c.899 §4; repealed by 1999 c.809 §5]
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[Repealed or reserved.]
ORS 759.395 [1987 c.447 §45; repealed by 1991 c.315 §1]
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PRICE CAP REGULATION (Generally)
ORS 759.400 Definitions for ORS 759.400 to 759.455. As used in ORS 759.400 to 759.455
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(1) “Basic telephone service” means local exchange telecommunications service defined as basic by rule of the Public Utility Commission. (2) “Commercial mobile radio service” has the meaning given that term in 47 C.F.R. 20.3. (3) “Interconnected voice over internet protocol servi…
ORS 759.405 Election of regulation under ORS 759.405 and 759.410; conditions; Telecommunications Infrastructure Account; remedy for failure of utility to comply with conditions. (1) A telecommunications carrier may elect to be subject to this section and ORS 759.410. The telecommunications carrier shall notify, in writing, the Public Utility Commission of its election. Such election shall be effective 30 days after the written notification is received by the Public Utility Commission. A telecommunications carrier that elects to be subject to this section and ORS 759.410 shall be subject to the infrastructure investment and price regulation requirements of this section and ORS 759.410 and shall not be subject to any other regulation based on earnings, rates or rate of return
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(2) A telecommunications carrier that elects to be subject to this section and ORS 759.410 shall establish in its accounts a Telecommunications Infrastructure Account. The telecommunications carrier shall commit to its Telecommunications Infrastructure Account over a four-year pe…
ORS 759.410 Intent of ORS 759.410; establishing maximum and minimum price for telecommunications services; packaging services; notice of price change, new service; enforcement. (1) It is the intent of the Legislative Assembly that
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(a) The State of Oregon cease regulation of telecommunications carriers on a rate of return basis; (b) Telecommunications carriers subject to rate of return regulation have the ability to opt out of rate of return regulation; (c) A telecommunications carrier that opts out of rate…
ORS 759.415 Order in rate proceeding filed prior to January 1, 1999, to establish maximum rate for affected telecommunications services; dismissal of rate proceeding filed after January 1, 1999. (1) In a rate proceeding brought by a telecommunications carrier that elects to be subject to ORS 759.405 and 759.410, or by the Public Utility Commission against an electing telecommunications carrier, prior to January 1, 1999, that is on appeal on September 1, 1999, a final rate for a telecommunications service implemented as a result of the final judgment and order or negotiated settlement shall become the maximum rate for purposes of ORS 759.410
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(2) A rate proceeding brought by or against an electing telecommunications carrier, after January 1, 1999, that is pending on the effective date of the carrier’s election to be subject to ORS 759.405 and 759.410, shall be dismissed by the commission or by the court if on appeal, …
ORS 759.420 Application of ORS 759.400 to 759.455 to wholesale transactions regulated under federal law. Nothing in ORS 759.400 to 759.455 is intended to affect, alter or in any way modify wholesale transactions regulated by the federal Telecommunications Act of 1996 (Public Law 104-104) as in effect on September 1, 1999, and regulations adopted thereunder. [1999 c.1093 §26]
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(Universal Service Fund)
ORS 759.425 (1)(a) The Public Utility Commission shall establish and implement a competitively neutral and nondiscriminatory universal service fund. The commission shall use the universal service fund to ensure basic telephone service is available at a reasonable and affordable rate
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(b) The commission shall designate the amount of moneys deposited annually in the universal service fund to be used to ensure basic telephone service. The amount designated under this paragraph may not exceed $28 million per year. (c) The commission may: (A) Adopt rules to confor…
ORS 759.430 Approval of projects funded by carrier’s Telecommunications Infrastructure Account; Connecting Oregon Communities Advisory Board; rules. (1)(a) Notwithstanding ORS 285A.075 (2), the Oregon Business Development Commission shall approve plans and plan modifications for projects funded by a telecommunications carrier’s Telecommunications Infrastructure Account established under ORS 759.405. Projects funded from a telecommunications carrier’s Telecommunications Infrastructure Account shall be completed by the carrier and shall be substantially for the benefit of the carrier’s customers. Plans approved by the commission must be consistent with the purpose of the fund as described in ORS 759.405. The commission shall give priority to projects that provide increased bandwidth between communities, route diversity and access to advanced telecommunications services in an expedited manner. The commission shall seek to ensure that an approved project is the most technically appropriate means of addressing the circumstances presented in a project plan. The commission shall review recommendations and analysis from the Connecting Oregon Communities Advisory Board established in subsection (2) of this section prior to approving a plan. Project plans may be submitted by local communities including but not limited to local governments, community institutions, citizen groups, public and private educational institutions and business groups
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(b) Under the policies and guidance of the commission, the Oregon Business Development Department shall adopt rules for the submission of project plans by telecommunications carriers and other persons, including criteria for approval of such plans. The rules shall include criteri…
ORS 759.435 Assessment of telecommunications infrastructure and community needs; contents; report. (1) The Oregon Business Development Department, in collaboration with affected telecommunications carriers, the Connecting Oregon Communities Advisory Board, representatives of local communities and other members of the public interested in improved telecommunications services, shall conduct an assessment of telecommunications infrastructure and community telecommunications needs in local communities and across the various regions of this state. The assessment shall include
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(a) The type of telecommunications services and technology, including infrastructure, already deployed within communities and regions; (b) The type of telecommunications technology and services desired by communities within regions; (c) The competitiveness of the local telecommun…
ORS 759.440 Additional funding for evaluating project plans. The Oregon Business Development Department may request approval from the Emergency Board for the transfer of additional funds from a telecommunications carrier’s Telecommunications Infrastructure Account created under ORS 759.405 for the purpose of providing technical assistance to the department and the Oregon Business Development Commission in evaluating project plans submitted under ORS 759.430. If the request is approved, the commission by order may direct the transfer of funds from a telecommunications carrier’s Telecommunications Infrastructure Account to the Oregon Business Development Department. The department may not request and the Emergency Board shall not approve a request or requests in excess of $100,000 per year. [1999 c.1093 §32a]
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[Repealed or reserved.]
ORS 759.445 Connecting Oregon Communities Fund; School Technology Account; Public Access Account. (1) There is established in the State Treasury, separate and distinct from the General Fund, the Connecting Oregon Communities Fund. Moneys in the fund shall consist of amounts deposited in the fund under ORS 759.405 and any other moneys deposited by a telecommunications carrier that elects to be subject to ORS 759.405 and 759.410, including amounts deposited pursuant to a performance assurance plan implemented by a telecommunications carrier in connection with an application under 47 U.S.C. 271, as in effect on January 1, 2002. Interest earned on moneys in the fund shall accrue to the fund. Moneys in the fund may be invested as provided in ORS 293.701 to 293.857. Moneys in the fund shall be used to provide access to advanced telecommunications technology in elementary schools and high schools, colleges and universities, community colleges, public television corporations, rural health care providers, public libraries and other eligible persons
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(2) Two dedicated accounts shall be established within the Connecting Oregon Communities Fund for purposes of supporting education and public access to advanced telecommunications services. The first $25 million of the moneys deposited in the Connecting Oregon Communities Fund in…
ORS 759.450 Minimum service quality standards; rules; customer impact indices; factors; wholesale services; improvement plan; penalties; exceptions. (1) It is the intent of the Legislative Assembly that every telecommunications carrier and those telecommunications utilities and competitive telecommunications providers that provide wholesale services meet minimum service quality standards on a nondiscriminatory basis
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(2) The Public Utility Commission shall determine minimum service quality standards that relate to the provision of retail telecommunications services to ensure safe and adequate service. Except as provided in subsections (8) and (9) of this section, minimum service quality stand…
ORS 759.455 Prohibited acts; commission action on allegation of violation; penalties; judicial review. (1) Unless exempt from compliance under section 251(f) of the federal Telecommunications Act of 1996 (47 U.S.C. 251(f)), a telecommunications utility shall not
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(a) Discriminate against another provider of retail telecommunications services by unreasonably refusing or delaying access to the telecommunications utility’s local exchange services. (b) Discriminate against another provider of retail telecommunications services by providing ac…
ORS 759.500 Definitions for ORS 759.500 to 759.570. As used in ORS 759.500 to 759.570, unless the context requires otherwise
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(1) “Allocated territory” means a geographic area for which the Public Utility Commission has allocated to no more than one person the authority to provide local exchange telecommunications service, the boundaries of which are set forth on an exchange map filed with and approved …
ORS 759.505 [1987 c.447 §54; repealed by 2005 c.232 §32]
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[Repealed or reserved.]
ORS 759.506 Purpose of allocated territory laws; carrier of last resort obligations; exemptions from obligations; reinstatement of obligations. (1) The purpose of establishing allocated territories under ORS 759.500 to 759.570 is to ensure that telecommunications utilities, cooperative corporations and municipalities certified by the Public Utility Commission to provide local exchange telecommunications service
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(a) Provide adequate and safe service to the customers of this state; and (b) Serve all customers in an adequate and nondiscriminatory manner. (2) The obligations described in this section may be referenced as carrier of last resort obligations. (3) The commission, upon petition …
ORS 759.510 [1987 c.447 §55; repealed by 2005 c.232 §32]
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[Repealed or reserved.]
ORS 759.515 [1987 c.447 §56; repealed by 2005 c.232 §32]
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[Repealed or reserved.]
ORS 759.520 [1987 c.447 §57; repealed by 2005 c.232 §32]
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[Repealed or reserved.]
ORS 759.525 [1987 c.447 §58; 2005 c.22 §509; repealed by 2005 c.232 §32]
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[Repealed or reserved.]
ORS 759.530 [1987 c.447 §59; repealed by 2005 c.232 §32]
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[Repealed or reserved.]