ORS 759.687
Residential Service Protection Fund
(1)
Notwithstanding ORS 757.310 (Prohibition related to charges for service), approve a different rate for local exchange residential telecommunication service for low income customers than the rate charged to other residential customers. However, any such rate is subject to all other provisions of this chapter [ORS chapter 759].(2)
Establish plans, or require telecommunications public utilities to establish plans, to educate customers regarding the options available for obtaining telecommunication services. [1987 c.290 §4](2)
The commission shall provide by rule a method for determining when the termination of local exchange residential service would significantly endanger the physical health of the residential customer.(3)
Intentionally left blank —Ed.(a)
The commission shall require that each telecommunications public utility:(A)
Accept medical statements by licensed physicians, naturopathic physicians and licensed nurse practitioners as sufficient evidence of significant endangerment of health; and(B)
Establish procedures for submitting and receiving such medical statements.(b)
A medical statement submitted under this subsection shall be valid for such period as the commission, by rule, may prescribe.(4)
Rules adopted by the commission pursuant to this section shall not apply to telecommunication service other than local exchange residential service.(5)
A customer submitting a medical certificate as provided in this section is not excused from paying for telecommunication service. Customers are required to enter into a time payment agreement with the utility if an overdue balance exists. Local exchange service is subject to termination if a customer refuses to enter into or fails to abide by terms of a payment agreement.(6)
Nothing in this section prevents the termination of local exchange residential service if the telecommunications public utility providing the service does not have the technical ability to terminate toll telecommunication service without also terminating local exchange telecommunication service. [1987 c.290 §5; 2017 c.356 §104](2)
For the purpose of establishing a plan to provide assistance to low income customers under this section, the commission shall require all public utilities, cooperative corporations and unincorporated associations providing local exchange telecommunication service to participate in the plan, except as provided in subsection (3) of this section.(3)
In lieu of participation in the commission’s plan to assist low income customers, a public utility, cooperative corporation or unincorporated association providing local exchange telecommunication service may apply to the commission to establish an alternative plan for the purposes of carrying out the provisions of section 2, chapter 290, Oregon Laws 1987, and supporting broadband internet access service for its own customers. The commission shall adopt standards for determining the adequacy of alternative plans.(4)
The commission may contract with any governmental agency to assist the commission in the administration of any assistance plan adopted pursuant to this section.(5)
As used in sections 2 to 6, chapter 290, Oregon Laws 1987, “low income customer” has the meaning given that term by the commission by rule. [1987 c.290 §6; 1991 c.622 §1; 2007 c.29 §1; 2009 c.599 §25; 2011 c.77 §1; 2013 c.29 §1; 2019 c.91 §1; 2021 c.66 §1](2)
Section 5, chapter 290, Oregon Laws 1987, as amended by section 104, chapter 356, Oregon Laws 2017, is repealed on January 1, 2030.(3)
Section 6, chapter 290, Oregon Laws 1987, as amended by section 1, chapter 622, Oregon Laws 1991, section 1, chapter 29, Oregon Laws 2007, section 25, chapter 599, Oregon Laws 2009, section 1, chapter 77, Oregon Laws 2011, section 1, chapter 29, Oregon Laws 2013, section 1, chapter 91, Oregon Laws 2019, and section 1 of this 2021 Act, is repealed on January 1, 2030.(4)
Section 2, chapter 204, Oregon Laws 2005, as amended by section 359, chapter 70, Oregon Laws 2007, is repealed on January 1, 2030. [1987 c.290 §16; 1991 c.622 §4; 1997 c.481 §1; 2001 c.408 §1; 2009 c.544 §1; 2017 c.434 §4; 2021 c.66 §2](a)
At risk of domestic violence, as defined in ORS 135.230 (Definitions for ORS 135.230 to 135.290);(b)
At risk of unwanted sexual contact, as defined in ORS 163.305 (Definitions);(c)
A person with a disability, as defined in ORS 124.005 (Definitions for ORS 124.005 to 124.040), who is at risk of abuse, as defined in ORS 124.005 (Definitions for ORS 124.005 to 124.040) (1)(a), (d) or (e);(d)
An elderly person, as defined in ORS 124.005 (Definitions for ORS 124.005 to 124.040), who is at risk of abuse, as defined in ORS 124.005 (Definitions for ORS 124.005 to 124.040) (1)(a), (d) or (e); or(e)
A victim of stalking, as described in ORS 163.732 (Stalking).(2)
A customer may establish that termination of local exchange residential service would significantly endanger the customer, or a person in the household of the customer, by providing a telecommunications public utility with an affidavit signed by the customer stating that termination would place the customer, or a person in the household of the customer, at significant risk of domestic violence, as defined in ORS 135.230 (Definitions for ORS 135.230 to 135.290), or of unwanted sexual contact, as defined in ORS 163.305 (Definitions). The customer must attach to the affidavit a copy of an order issued under ORS 30.866 (Action for issuance or violation of stalking protective order), 107.700 (Short title) to 107.735 (Duties of State Court Administrator), 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title) or 163.738 (Effect of citation) that restrains another person from contact with the customer, or a person in the household of the customer, or a copy of any other court order that restrains another person from contact with the customer, or a person in the household of the customer, by reason of a risk described in subsection (1) of this section or by reason of stalking.(3)
The commission shall require that each telecommunications public utility establish procedures for submitting and receiving affidavits under subsection (2) of this section.(4)
This section does not apply to termination of any telecommunication service other than local exchange residential service.(5)
A customer submitting an affidavit as provided by subsection (2) of this section is not excused from paying for telecommunication service. Customers are required to enter into a reasonable payment agreement with the telecommunications public utility if an overdue balance exists. Local exchange residential service may be terminated if a customer refuses to enter into or fails to abide by the terms of a reasonable payment agreement.(6)
Nothing in this section prevents the termination of local exchange residential service if the telecommunications public utility providing the service does not have the technical ability to terminate toll telecommunication service without also terminating local exchange residential service. [2005 c.204 §2; 2007 c.70 §359]
Source:
Section 759.687 — Residential Service Protection Fund, https://www.oregonlegislature.gov/bills_laws/ors/ors759.html.
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