ORS 759.250
Contracts for special services

  • procedure for filing and approval
  • subsequent review and investigation

(1)

A telecommunications utility may enter into a contract with any customer for the provision of a telecommunications service that the Public Utility Commission determines is a new service with limited availability, is designed to respond to a unique customer requirement or is subject to competition. Contracts shall be for a stated time period, not to exceed five years. If a contract includes competitive and noncompetitive service elements, the noncompetitive service elements shall be unbundled and priced separately from all other facilities and service elements in the contract. Such noncompetitive service elements shall be made available to all purchasers under the same or substantially the same circumstances at the same rate, terms and conditions.

(2)

The telecommunications utility shall file any contract with the commission no later than 90 days following its effective date. At the customer’s request, the telecommunications utility shall file the contract at least 30 days in advance of the effective date. Notice of the filing of the contract shall be given by the commission to all persons who have filed with the commission a petition to receive such notice.

(3)

Contracts entered into under this section are not schedules of rates, tolls or charges within the meaning of ORS 759.175 (Filing rate schedules and data with commission). A contract entered into under this section shall be enforceable by the contracting parties according to its terms, unless the contract has been rejected by the commission as provided in this section.

(4)

Notwithstanding ORS 759.175 (Filing rate schedules and data with commission) to 759.185 (Suspension of rates pending hearing), the commission shall approve any contract for a telecommunications service entered into under this section if the commission finds the following:

(a)

The telecommunications service is a new service with limited availability, is designed to respond to a unique customer requirement or is subject to competition. In making the determination of whether a service is subject to competition, the commission shall consider whether the customer might reasonably have chosen an alternative to the telecommunications utility’s service.

(b)

The contracted price for the telecommunications service is above the long run incremental costs of providing such service during the term of the contract. In making this calculation for a contract that includes both competitive and noncompetitive service elements, the commission shall consider separately whether the competitive service elements are priced above the long run incremental costs of providing such service elements.

(c)

The contracted price for the telecommunications service includes all costs of providing such service, including the rate that would be charged by a telecommunications utility to any competitive telecommunications provider for any component essential to the competitive telecommunications provider’s ability to offer the telecommunications service. The commission shall determine which components of the service shall be deemed essential and the method to include prices of those components in costs of such services.

(5)

The commission shall issue an order regarding any contract filed under subsection (2) of this section within 90 days of the filing. If the commission does not act within 90 days of the filing, the contract shall be deemed approved. If the commission disapproves the contract, it shall enter an order describing the ways in which the contract fails to meet the standards set forth in subsection (4) of this section and declaring the contract null and void. The telecommunications utility or customer may request that the commission hold a hearing to determine whether the order should continue in effect. Any such request for hearing shall be submitted to the commission not later than 15 days after the date of service of the order, and the commission shall hold the hearing not later than 60 days after receipt of such request for hearing.

(6)

Notwithstanding ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department), the commission shall not disclose the identity of a customer or any customer proprietary information contained in a contract filed under subsection (2) of this section without the consent of the customer and the telecommunications utility.

(7)

No contract filed under subsection (2) of this section may be automatically renewed. A contract renewal shall be treated as a new contract.

(8)

Nothing in this section shall be deemed state action for the purpose of exempting a telecommunications utility from liability for anticompetitive conduct or other unlawful practices.

(9)

Any contract executed prior to September 29, 1991, and approved by the commission is deemed lawful and shall be enforceable by the contracting parties according to its terms. A contract renewal shall be deemed a new contract.

(10)

Nothing in this section shall restrict the commission from subsequent scrutiny of the reasonableness of contracts filed under this section for ratemaking purposes.

(11)

In accordance with ORS 756.515 (Investigations and hearings on commission’s own motion), the commission may investigate contracts filed by a specific telecommunications utility under this section. Notwithstanding any other provision of this section, if the commission finds that contracts entered into by a telecommunications utility have not generally been in the public interest, the commission, by order, may prevent or restrict the telecommunications utility from future contracting pursuant to this section and may require the telecommunications utility to file contracts under ORS 759.175 (Filing rate schedules and data with commission). [1991 c.527 §2]

Source: Section 759.250 — Contracts for special services; procedure for filing and approval; subsequent review and investigation, 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
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