2021 Oregon Revised Statutes
Chapter 759 - Telecommunications Utility Regulation
Section 759.005 - Definitions.


(1) "Competitive telecommunications provider" means a telecommunications services provider that has been classified as a competitive telecommunications provider by the Public Utility Commission pursuant to ORS 759.020.
(2) "Intrastate telecommunications service" means any telecommunications service in which the information transmitted originates and terminates within the boundaries of the State of Oregon.
(3) "Local exchange telecommunications service" means telecommunications service provided within the boundaries of exchange maps filed with and approved by the commission.
(4) "Private telecommunications network" means a system for the provision of telecommunications service or any portion of telecommunications service, including the construction, maintenance or operation of the system, by a person for the exclusive use of that person and not for resale, directly or indirectly.
(5) "Radio common carrier" means any corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receivers and any town making available facilities to provide radio communications service, radio paging or cellular communications service for hire.
(6) "Shared telecommunications service" means the provision of telecommunications and information management services and equipment to a user group located in discrete premises in building complexes, campuses or high-rise buildings, by a commercial shared services provider or by a users’ association, through privately owned customer premises equipment and associated data processing and information management services and includes the provision of connections to local exchange telecommunications service.
(7) "Telecommunications" means the transmission of information chosen by a person, between or among points specified by the person, without change in the form or content of the information sent or received.
(8) "Telecommunications service" means telecommunications that are offered for a fee to the public, or to such class of users as to be effectively available to the public, without regard to the facilities used to provide the telecommunications. "Telecommunications service" does not include:
(a) Services provided by radio common carrier.
(b) One-way transmission of television signals.
(c) Private telecommunications networks.
(d) Communications of the customer that take place on the customer side of on-premises equipment.
(9)(a) "Telecommunications utility" means:
(A) Any corporation, company, individual or association of individuals, or its lessees, trustees or receivers, that owns, operates, manages or controls all or a part of any plant or equipment in this state for the provision of telecommunications service, directly or indirectly to or for the public, whether or not the plant or equipment, or any portion of the plant or equipment, is wholly within any town or city.
(B) Any corporation, company, individual or association of individuals that is party to an oral or written agreement for the payment by a telecommunications utility, for service, managerial construction, engineering or financing fees, and has an affiliated interest with the telecommunications utility.
(b) "Telecommunications utility" does not include:
(A) Any plant owned or operated by a municipality.
(B) Any corporation not providing intrastate telecommunications service to the public in this state, whether or not the corporation has an office in this state or has an affiliated interest with a telecommunications utility as defined in this chapter.
(C) Any person acting only as a competitive telecommunications provider.
(D) Any corporation, company, individual or association of individuals providing only telephone customer premises equipment to the public.
(10) "Toll" means switched telecommunications between exchanges carried on the public switched network. "Toll" does not include services that are an option to flat rate local or extended area service, even though the options may include charges on a per-unit basis. [1987 c.447 §1; 1989 c.5 §15; 1991 c.326 §2; 2005 c.232 §1; 2007 c.825 §1]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation

Chapter 759 - Telecommunications Utility Regulation

Section 759.005 - Definitions.

Section 759.016 - Legislative findings on broadband services.

Section 759.020 - Certificate of authority; application; procedure; criteria; intrastate toll service level; rules.

Section 759.025 - Certificates of authority for persons, companies and corporations providing services on January 1, 1986.

Section 759.040 - Exemptions for certain unaffiliated utilities with fewer than 50,000 access lines.

Section 759.050 - Competitive zone service regulation.

Section 759.052 - Commission authority to exempt telecommunications services from regulation.

Section 759.054 - Price listing for product or service offered as part of local exchange telecommunications services.

Section 759.056 - Price listing for product or service offered as part of interexchange telecommunications services.

Section 759.060 - Information submitted by local exchange telecommunications utilities; rules exempting disclosure.

Section 759.070 - Charge to access public body radio tower; market rate; exception.

Section 759.075 - Authority to construct lines and facilities; condemnation power; procedure.

Section 759.120 - Form and manner of accounts prescribed by commission.

Section 759.125 - Records and accounts prescribed by commission; prohibition on other records or accounts; exception; blanks for reports.

Section 759.130 - Closing date of accounts; filing balance sheet; audit.

Section 759.135 - Depreciation accounts; undepreciated investment allowed in rates; conditions.

Section 759.175 - Filing rate schedules and data with commission.

Section 759.180 - Hearing on reasonableness of rates; procedures; exceptions.

Section 759.182 - Rate schedules for service promotions; rules.

Section 759.185 - Suspension of rates pending hearing; time limitation; refund of revenue collected; interim rates.

Section 759.195 - Price listing of services; conditions; maximum rates; essential services; justification by utility of rates for price-listed services; rules.

Section 759.200 - Inclusion of amortizations in rates; deferral of certain expenses or revenues; limitation on amounts; prohibited uses.

Section 759.210 - Classification of service and rates; considerations; rules.

Section 759.215 - Public access to schedules.

Section 759.218 - Revenues and expenses of unregulated activities.

Section 759.220 - Joint rates and classifications; procedure; considerations.

Section 759.225 - Application of ORS 759.220 to unincorporated associations and cooperative corporations.

Section 759.230 - Measured service rate for business customers; restriction.

Section 759.235 - Mandatory measured service rate; prohibition.

Section 759.240 - Measuring quality of service; standards; rules.

Section 759.245 - Examination and testing of measuring appliances; rules; fees.

Section 759.250 - Contracts for special services; procedure for filing and approval; subsequent review and investigation.

Section 759.255 - Setting prices without regard to return on utility investment; petition; findings; conditions; application of statutes to approved plan.

Section 759.257 - Extended area service: Portland to Scappoose.

Section 759.259 - Extended area service: Portland to Molalla.

Section 759.260 - Unjust discrimination in rates.

Section 759.265 - Practices not constituting unjust discrimination.

Section 759.270 - Reducing rates for persons furnishing part of facilities; rental of customer facilities; furnishing meters and appliances.

Section 759.275 - Undue preferences and prejudices.

Section 759.310 - When issuance of securities void.

Section 759.315 - Purposes for which securities may be issued; order required; exceptions; rules.

Section 759.320 - Application of ORS 759.315.

Section 759.330 - Hearings and supplemental orders for securities issuance; joint approval for issuance by utility operating in another state.

Section 759.345 - Use of proceeds from issuance; accounting; rules.

Section 759.360 - Prohibited acts regarding issuance of securities.

Section 759.375 - Approval prior to sale, mortgage or disposal of operative utility property.

Section 759.380 - Purchase of stock or property of another utility.

Section 759.385 - Contracts regarding use of utility property; filing with commission; investigation.

Section 759.390 - Contracts with affiliated interests; procedure; use in rate proceedings.

Section 759.393 - Applicability of ORS 759.385 and 759.390.

Section 759.400 - Definitions for ORS 759.400 to 759.455.

Section 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.

Section 759.410 - Intent of ORS 759.410; establishing maximum and minimum price for telecommunications services; packaging services; notice of price change, new service; enforcement.

Section 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.

Section 759.425 - Universal service fund; transfer of moneys to Broadband Fund; commission to establish price for basic telephone service; universal service surcharge; application to cellular services; rules.

Section 759.430 - Approval of projects funded by carrier’s Telecommunications Infrastructure Account; Connecting Oregon Communities Advisory Board; rules.

Section 759.435 - Assessment of telecommunications infrastructure and community needs; contents; report.

Section 759.445 - Connecting Oregon Communities Fund; School Technology Account; Public Access Account.

Section 759.450 - Minimum service quality standards; rules; customer impact indices; factors; wholesale services; improvement plan; penalties; exceptions.

Section 759.455 - Prohibited acts; commission action on allegation of violation; penalties; judicial review.

Section 759.500 - Definitions for ORS 759.500 to 759.570.

Section 759.506 - Purpose of allocated territory laws; carrier of last resort obligations; exemptions from obligations; reinstatement of obligations.

Section 759.535 - Application to serve unserved territory; hearing; notice.

Section 759.560 - Assignment or transfer of allocated territory; rules.

Section 759.570 - Application of law to local government.

Section 759.585 - Definitions for ORS 759.585 to 759.595.

Section 759.590 - Application for service by unserved person; rules.

Section 759.595 - Criteria for granting application for service; effect on other territorial allocation.

Section 759.650 - Definitions for ORS 759.650 to 759.675.

Section 759.660 - Fixing charges or rates; criteria; costs of hearing.

Section 759.680 - Operator service provider duties to service users; rules.

Section 759.685 - Surcharge assessed on retail telecommunications subscribers; rules.

Section 759.687 - Residential Service Protection Fund.

Section 759.688 - Oregon Telephone Assistance Program Advisory Committee; duties; members; rules.

Section 759.689 - Use of surcharge for marketing and outreach to increase participation rate in plan of assistance.

Section 759.693 - Definitions.

Section 759.695 - Program for assistive telecommunication devices and communication facilitator services; program for adaptive equipment.

Section 759.696 - Telecommunication Devices Access Program Advisory Committee; duties; members.

Section 759.697 - Program coordinator; program administration.

Section 759.698 - Eligibility.

Section 759.700 - Definitions for ORS 759.700 to 759.720.

Section 759.705 - Program message preamble; information to be included.

Section 759.710 - Pay-per-call information; disclosure.

Section 759.715 - Information service blocking; suspension or termination of telephone service for nonpayment of information service charges; rules.

Section 759.720 - Action against information provider for failure to comply with law; remedies; customer liability for charges.

Section 759.730 - Unauthorized changes in telecommunications carriers ("slamming"); rules.

Section 759.900 - Liability of utility; effect on other remedies; liability for personal injury or property damage.

Section 759.990 - Penalties.