ORS Chapter 759

Chapter 759 — TelecommunicationsUtility Regulation

2009 EDITION

TELECOMMUNICATIONSUTILITY REGULATION

UTILITYREGULATION

GENERALPROVISIONS

759.005 Definitions

759.015 Legislativefindings on universal telecommunications service

759.016 Legislativefindings on broadband services

759.020 Certificateof authority; application; procedure; criteria; intrastate toll service level

759.025 Certificatesof authority for persons, companies and corporations providing services onJanuary 1, 1986

759.027 Sharedtelecommunications service provider; alternative access to local exchangetelecommunications services

759.035 Dutyto furnish adequate and safe service at reasonable rates

REGULATIONOF TELECOMMUNICATIONS SERVICES

759.036 Commissionauthority

759.040 Exemptionsfor certain unaffiliated utilities with fewer than 50,000 access lines

759.045 Specialrules for utilities exempted from regulation under ORS 759.040

759.050 Competitivezone service regulation

759.052 Commissionauthority to exempt telecommunications services from regulation

759.054 Pricelisting for product or service offered as part of local exchangetelecommunications services

759.056 Pricelisting for product or service offered as part of interexchangetelecommunications services

759.058 Commissionaction on petition under ORS 759.052, 759.054 or 759.056

759.060 Informationsubmitted by local exchange telecommunications utilities; rules exemptingdisclosure

RIGHTSOF WAY

759.075 Authorityto construct lines and facilities; condemnation power; procedure

759.080 Useof property outside limits of municipal corporation; agreement; condemnationupon failure to agree

ACCOUNTSAND RECORDS

759.120 Formand manner of accounts prescribed by commission

759.125 Recordsand accounts prescribed by commission; prohibition on other records oraccounts; exception; blanks for reports

759.130 Closingdate of accounts; filing balance sheet; audit

759.135 Depreciationaccounts; undepreciated investment allowed in rates; conditions

RATEREGULATION AND PROCEDURES; MEASURING EQUIPMENT

759.175 Filingrate schedules and data with commission

759.180 Hearingon reasonableness of rates; procedures; exceptions

759.182 Rateschedules for service promotions; rules

759.185 Suspensionof rates pending hearing; time limitation; refund of revenue collected; interimrates

759.190 Noticeof schedule change

759.195 Pricelisting of services; conditions; maximum rates; essential services;justification by utility of rates for price-listed services

759.200 Inclusionof amortizations in rates; deferral of certain expenses or revenues; limitationon amounts; prohibited uses

759.205 Conformanceof rates charged with schedule

759.210 Classificationof service and rates; considerations

759.215 Publicaccess to schedules

759.217 Effectof tax credit under ORS 315.511

759.218 Revenuesand expenses of unregulated activities

759.219 Certaintaxes as operating expense; charge pro rata to users; condition

759.220 Jointrates and classifications; procedure; considerations

759.225 Applicationof ORS 759.220 to unincorporated associations and cooperative corporations

759.230 Measuredservice rate for business customers; restriction

759.235 Mandatorymeasured service rate; prohibition

759.240 Measuringquality of service; standards; rules

759.245 Examinationand testing of measuring appliances

759.250 Contractsfor special services; procedure for filing and approval; subsequent review andinvestigation

759.255 Settingprices without regard to return on utility investment; petition; findings;conditions; application of statutes to approved plan

759.257 Extendedarea service: Portland to Scappoose

759.259 Extendedarea service: Portland to Molalla

ILLEGALPRACTICES

759.260 Unjustdiscrimination in rates

759.265 Practicesnot constituting unjust discrimination

759.267 Servicepromotion activities

759.270 Reducingrates for persons furnishing part of facilities; rental of customer facilities;furnishing meters and appliances

759.275 Unduepreferences and prejudices

759.280 Solicitingor accepting rebates or special advantage

759.285 Chargingrates based on cost of property not presently providing service

ISSUANCEOF SECURITIES

759.300 “Stocks”defined

759.305 Powerto regulate issuance of telecommunications stocks

759.310 Whenissuance of securities void

759.315 Purposesfor which securities may be issued; order required; exceptions

759.320 Applicationof ORS 759.315

759.325 Applicationof ORS 759.375

759.330 Hearingsand supplemental orders for securities issuance; joint approval for issuance byutility operating in another state

759.335 Obligationof state as consequence of approval of issuance

759.340 Conditionalapproval of issuance

759.345 Useof proceeds from issuance; accounting

759.350 Limitationon authority of utility to guarantee debt of another

759.355 Issuanceor use of proceeds contrary to commission order

759.360 Prohibitedacts regarding issuance of securities

TRANSACTIONSOF UTILITIES

759.375 Approvalprior to sale, mortgage or disposal of operative utility property

759.380 Purchaseof stock or property of another utility

759.385 Contractsregarding use of utility property; filing with commission; investigation

759.390 Contractswith affiliated interests; procedure; use in rate proceedings

759.393 Applicabilityof ORS 759.385 and 759.390

PRICECAP REGULATION

(Generally)

759.400 Definitions

759.405 Electionof regulation under ORS 759.405 and 759.410; conditions; TelecommunicationsInfrastructure Account; remedy for failure of utility to comply with conditions

759.410 Intentof ORS 759.410; establishing maximum and minimum price for telecommunicationsservices; packaging services; notice of price change, new service; enforcement

759.415 Orderin rate proceeding filed prior to January 1, 1999, to establish maximum ratefor affected telecommunications services; dismissal of rate proceeding filedafter January 1, 1999

759.420 Applicationof ORS 759.400 to 759.455 to wholesale transactions regulated under federal law

(UniversalService Fund)

759.425 Universalservice fund; commission to establish price for basic telephone service;universal service surcharge; application to cellular services

(PublicPurpose Funding)

759.430 Approvalof projects funded by carrier’s Telecommunications Infrastructure Account;Connecting Oregon Communities Advisory Board

759.435 Assessmentof telecommunications infrastructure and community needs; contents; report

759.440 Additionalfunding for evaluating project plans

759.445 ConnectingOregon Communities Fund; School Technology Account; Public Access Account

SERVICEQUALITY STANDARDS AND PROHIBITED ACTS

759.450 Minimumservice quality standards; rules; customer impact indices; factors; wholesaleservices; improvement plan; penalties; exceptions

759.455 Prohibitedacts; commission action on allegation of violation; penalties; judicial review

ALLOCATIONOF TERRITORIES