(2) If the owners of such lines are unable to agree on the terms and conditions of joint occupancy, such department, court or board shall request the Public Utility Commission to determine the practicability of such joint occupancy and the effect thereof upon adequate and safe service by the prospective joint occupants, the location of the lines, and, if found to be practicable, to fix and prescribe the terms and conditions pursuant to which joint occupancy shall be accomplished. Before making or entering an order, such commission shall hold a hearing and make findings in accordance with ORS 756.500 to 756.610. The order of the commission is subject to judicial review in the manner provided by ORS 756.610. In fixing terms and conditions pursuant to which joint occupancy shall be accomplished, the Public Utility Commission shall require the installation by each occupant of standards, devices and equipment reasonably necessary to protect the equipment of the other occupants from damage and the public from injury arising from such joint occupancy.
(3) The right of any public utility, telecommunications utility or transmission company to construct, maintain and operate on a public highway poles or fixtures is contingent on compliance with reasonable requirements established by the Department of Transportation, county courts, boards of county commissioners or the Public Utility Commission under authority of this section and ORS 758.010. Such rights are likewise contingent and conditioned on all facilities, equipment and installations being constructed and maintained in strict conformance with modern and approved standards. [Amended by 1971 c.655 §102; 1987 c.447 §98; 2001 c.913 §7; 2005 c.638 §11; 2017 c.312 §6]
Structure 2021 Oregon Revised Statutes
Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation
Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration
Section 758.010 - Authority to construct lines and facilities; requirements and conditions.
Section 758.015 - Certificate of public convenience and necessity.
Section 758.020 - Joint occupancy of poles.
Section 758.035 - Commission’s power to enforce joint use of facilities.
Section 758.125 - Duties and rights not altered by ORS 758.120.
Section 758.215 - Definitions for ORS 758.210 to 758.270.
Section 758.225 - Petition, ordinance or resolution for conversion; contents; filing.
Section 758.230 - Assessment procedure; objections to conversion.
Section 758.240 - Contract with utility for conversion.
Section 758.245 - Payment of costs for conversion; removal of overhead facilities.
Section 758.250 - Conversion of facilities on private lands; procedure; payment of costs.
Section 758.280 - Definitions for ORS 758.280 to 758.286.
Section 758.282 - Immunity of electric utility for pruning or removing vegetation in certain cases.
Section 758.286 - Immunity not applicable to liability for cost of abating fires.
Section 758.300 - Definitions for ORS 758.300 to 758.320.
Section 758.302 - Application for exclusive service territory.
Section 758.305 - Exclusive service territories.
Section 758.315 - Water utility service provided by persons not designated by commission; remedy.
Section 758.400 - Definitions for ORS 758.015 and 758.400 to 758.475.
Section 758.410 - Contracts for allocation of territories and customers; transfer of facilities.
Section 758.420 - Filing of contract; hearing on contract; notice.
Section 758.425 - Order of commission on contract.
Section 758.435 - Application for allocation of territory; hearing; notice.
Section 758.440 - Order of commission on application.
Section 758.460 - Assignment or transfer of rights acquired by allocation; approval of commission.
Section 758.470 - Application to cities, municipalities and cooperatives of ORS 758.400 to 758.475.
Section 758.480 - Assumption of obligations arising out of Trojan Nuclear Plant.
Section 758.505 - Definitions for ORS 758.505 to 758.555.
Section 758.515 - Legislative findings.
Section 758.535 - Criteria for qualifying facility; terms and conditions of energy sale.
Section 758.545 - Electric utility required to make good faith effort to transmit energy; remedy.