ORS 759.005
Definitions


As used in this chapter:

(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 (Certificate of authority).

(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)

Intentionally left blank —Ed.

(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]

Source: Section 759.005 — Definitions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html.

759.005
Definitions
759.015
Legislative findings on universal telecommunications service
759.016
Legislative findings on broadband services
759.020
Certificate of authority
759.025
Certificates of authority for persons, companies and corporations providing services on January 1, 1986
759.027
Shared telecommunications service provider
759.035
Duty to furnish adequate and safe service at reasonable rates
759.036
Commission authority
759.040
Exemptions for certain unaffiliated utilities with fewer than 50,000 access lines
759.045
Special rules for utilities exempted from regulation under ORS 759.040
759.050
Competitive zone service regulation
759.052
Commission authority to exempt telecommunications services from regulation
759.054
Price listing for product or service offered as part of local exchange telecommunications services
759.056
Price listing for product or service offered as part of interexchange telecommunications services
759.058
Commission action on petition under ORS 759.052, 759.054 or 759.056
759.060
Information submitted by local exchange telecommunications utilities
759.070
Charge to access public body radio tower
759.075
Authority to construct lines and facilities
759.080
Use of property outside limits of municipal corporation
759.120
Form and manner of accounts prescribed by commission
759.125
Records and accounts prescribed by commission
759.130
Closing date of accounts
759.135
Depreciation accounts
759.175
Filing rate schedules and data with commission
759.180
Hearing on reasonableness of rates
759.182
Rate schedules for service promotions
759.185
Suspension of rates pending hearing
759.190
Notice of schedule change
759.195
Price listing of services
759.200
Inclusion of amortizations in rates
759.205
Conformance of rates charged with schedule
759.210
Classification of service and rates
759.215
Public access to schedules
759.218
Revenues and expenses of unregulated activities
759.219
Certain taxes as operating expense
759.220
Joint rates and classifications
759.225
Application of ORS 759.220 to unincorporated associations and cooperative corporations
759.230
Measured service rate for business customers
759.235
Mandatory measured service rate
759.240
Measuring quality of service
759.245
Examination and testing of measuring appliances
759.250
Contracts for special services
759.255
Setting prices without regard to return on utility investment
759.257
Extended area service: Portland to Scappoose
759.259
Extended area service: Portland to Molalla
759.260
Unjust discrimination in rates
759.265
Practices not constituting unjust discrimination
759.267
Service promotion activities
759.270
Reducing rates for persons furnishing part of facilities
759.275
Undue preferences and prejudices
759.280
Soliciting or accepting rebates or special advantage
759.285
Charging rates based on cost of property not presently providing service
759.300
“Stocks” defined
759.305
Power to regulate issuance of telecommunications stocks
759.310
When issuance of securities void
759.315
Purposes for which securities may be issued
759.320
Application of ORS 759.315
759.325
Application of ORS 759.375
759.330
Hearings and supplemental orders for securities issuance
759.335
Obligation of state as consequence of approval of issuance
759.340
Conditional approval of issuance
759.345
Use of proceeds from issuance
759.350
Limitation on authority of utility to guarantee debt of another
759.355
Issuance or use of proceeds contrary to commission order
759.360
Prohibited acts regarding issuance of securities
759.375
Approval prior to sale, mortgage or disposal of operative utility property
759.380
Purchase of stock or property of another utility
759.385
Contracts regarding use of utility property
759.390
Contracts with affiliated interests
759.393
Applicability of ORS 759.385 and 759.390
759.400
Definitions for ORS 759.400 to 759.455
759.405
Election of regulation under ORS 759.405 and 759.410
759.410
Intent of ORS 759.410
759.415
Order in rate proceeding filed prior to January 1, 1999, to establish maximum rate for affected telecommunications services
759.420
Application of ORS 759.400 to 759.455 to wholesale transactions regulated under federal law
759.425
Universal service fund
759.430
Approval of projects funded by carrier’s Telecommunications Infrastructure Account
759.435
Assessment of telecommunications infrastructure and community needs
759.440
Additional funding for evaluating project plans
759.445
Connecting Oregon Communities Fund
759.450
Minimum service quality standards
759.455
Prohibited acts
759.500
Definitions for ORS 759.500 to 759.570
759.506
Purpose of allocated territory laws
759.535
Application to serve unserved territory
759.560
Assignment or transfer of allocated territory
759.565
Injunction against unauthorized provision of service
759.570
Application of law to local government
759.580
Power of commission to require service to unserved territory
759.585
Definitions for ORS 759.585 to 759.595
759.590
Application for service by unserved person
759.595
Criteria for granting application for service
759.650
Definitions for ORS 759.650 to 759.675
759.655
Authority of commission to regulate attachments
759.660
Fixing charges or rates
759.665
Considerations in determining just and reasonable rate
759.670
Presumption of reasonableness of rates set by agreement
759.675
Regulatory procedure
759.680
Operator service provider duties to service users
759.685
Surcharge assessed on retail telecommunications subscribers
759.687
Residential Service Protection Fund
759.688
Oregon Telephone Assistance Program Advisory Committee
759.689
Use of surcharge for marketing and outreach to increase participation rate in plan of assistance
759.693
Definitions
759.694
Legislative recognition of need
759.695
Program for assistive telecommunication devices and communication facilitator services
759.696
Telecommunication Devices Access Program Advisory Committee
759.697
Program coordinator
759.698
Eligibility
759.700
Definitions for ORS 759.700 to 759.720
759.705
Program message preamble
759.710
Pay-per-call information
759.715
Information service blocking
759.720
Action against information provider for failure to comply with law
759.730
Unauthorized changes in telecommunications carriers (“slamming”)
759.900
Liability of utility
759.990
Penalties
Green check means up to date. Up to date