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