(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 transact business under the contract, whichever date is earlier. The commission shall promptly investigate and act upon the contract in accordance with ORS 759.390 (4) and (7).
(3) In making an investigation of the contract, the commission and accountants, examiners and agents, appointed by the commission for the purpose, shall be given free access to all books, books of account, documents, data and records of the telecommunications utility, as well as of the corporation with which it is proposing to contract, that the commission may deem material to the investigation. The failure or refusal of either of the parties to the proposed contract to comply with this subsection is prima facie evidence that the contract is unfair, unreasonable and contrary to public interest, and is sufficient to justify a determination and finding of the commission to that effect. A determination and finding by the commission under this subsection has the same force and effect as any other determination or order of the commission.
(4) This section applies only to transactions in which the telecommunications utility’s Oregon intrastate expenditure to the affiliate is more than $100,000. [1987 c.447 §43; 1989 c.956 §4; 1991 c.899 §1; 1999 c.809 §1; 2005 c.232 §21; 2009 c.11 §97]
Structure 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 759.040 - 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 759.070 - 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 759.130 - 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 759.210 - 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 759.230 - 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 759.257 - 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 759.275 - 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 759.345 - 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 759.390 - 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 759.500 - Definitions for ORS 759.500 to 759.570.
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 759.650 - 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 759.693 - Definitions.
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 759.730 - Unauthorized changes in telecommunications carriers ("slamming"); rules.