OAR 860-032-0001
Definitions for Telecommunications


For the purpose of this division:

(1)

“Affiliated interest” between telecommunications providers means:

(a)

Every corporation and person owning or holding directly or indirectly 5 percent or more of the voting securities of such telecommunications provider;

(b)

Every corporation and person in any chain of successive ownership of 5 percent or more of voting securities of such telecommunications provider;

(c)

Every corporation 5 percent or more of whose voting securities are owned by any person or corporation owning 5 percent or more of the voting securities of such telecommunications provider or by any person or corporation in any chain of successive ownership of five percent or more of voting securities of such telecommunications provider;

(d)

Every person who is an officer or director of such telecommunications provider or of any corporation in any chain of successive ownership of 5 percent or more of voting securities of such telecommunications provider;

(e)

Every corporation that has two or more officers or two or more directors in common with such telecommunications provider;

(f)

Every corporation and person, 5 percent or more of which is directly or indirectly owned by a telecommunications provider;

(g)

Every corporation or person who or which the Commission determines as a matter of fact, after investigation and hearing, actually is exercising any substantial influence over the policies and actions of such telecommunications provider, even though such influence is not based upon stockholdings, stockholders, directors, or officers to the extent specified in this section of this rule;

(h)

Every person or corporation who or which the Commission determines as a matter of fact, after investigation and hearing, actually is exercising such substantial influence over the policies and actions of such telecommunications provider in conjunction with one or more other corporations or persons with whom they are related by ownership or blood or by action in concert that together they are affiliated with such telecommunications provider within the meaning of this section even though no one of them alone is so affiliated.

(2)

“Competitive provider” means a competitive telecommunications provider as defined in ORS 759.005 (Definitions)(1), who provides services authorized pursuant to ORS 759.020 (Certificate of authority).

(3)

“Cooperative” means a cooperative corporation or association, which provides local exchange telecommunications service within its own exchanges, which is organized under ORS Chapter 62 (Cooperatives), and which is certified under ORS 759.025 (Certificates of authority for persons, companies and corporations providing services on January 1, 1986)(2).

(4)

“Exempt service” means a telecommunications service for which all revenues from, costs of, and assets dedicated to providing the service are excepted from the Commission’s regulatory authority pursuant to ORS 759.030(2) or (3).

(5)

“Local exchange service” means local exchange telecommunications service as defined in ORS 759.005 (Definitions)(3). Local exchange service includes “shared service.”

(6)

“Operator service” means service provided by a telecommunications provider in response to a request for special billing, dialing assistance, or information regarding the use of and charges for its telecommunications services. An operator service may be manual or automatic.

(7)

“Pay telephone” means a telephone instrument, generally placed in public areas, for transient use on a pay-per-call basis. “Pay telephone” instruments may be coin operated, noncoin operated, prepay, postpay, central office controlled, instrument controlled, provided by local exchange carriers, or provided by other persons or entities.

(8)

“Price-listed service” means a product or service whose price and terms are authorized under OAR 860-032-0023 (Price List Petitions), 860-032-0035 (Petition to Price List Telecommunications Utility Services), ORS 759.050 (Competitive zone service regulation), 759.054 (Price listing for product or service offered as part of local exchange telecommunications services), or 759.195 (Price listing of services), and posted in a price list filed with the Commission. The costs and revenues of a price-listed product or service shall be considered part of the telecommunications utility’s regulated activities.

(9)

“Private telecommunications network” means a system, including the construction, maintenance, or operation of the system, for the provision of a service or any portion of a service, by a person for the exclusive use of that person and not for resale, directly or indirectly. “Private telecommunications network” includes services provided by the State of Oregon pursuant to ORS 190.240 (Furnishing of services by state agency to federal and local governmental units) and 283.140 (Telephone and telecommunications, mail, shuttle bus and messenger services).

(10)

“Shared service” means shared telecommunications service as defined in ORS 759.005 (Definitions)(6); and

(a)

The provision of telecommunications and information management services and equipment:

(A)

To a user group comprised of one person or association served by a single telecommunications system;

(B)

Located in a single building or in several buildings on contiguous property;

(C)

By a commercial shared service provider or by a users’ association; and

(D)

Through privately owned customer premises equipment and associated data processing and information management services.

(b)

Includes connection to local exchange service.

(11)

“Telecommunications provider” or “provider” includes competitive providers, cooperatives, and telecommunications utilities.

(12)

“Telecommunications service” or “service” means two-way switched access and transport of voice communications, and all services provided in connection with such services, but excludes:

(a)

Services provided by radio common carrier;

(b)

One-way transmission of television signals;

(c)

Surveying;

(d)

Private telecommunications networks; and

(e)

Customer communications that take place on the customer’s side of the network interface.

(13)

“Telecommunications utility” means a person who is not a competitive provider and is designated as a telecommunications utility under OAR 860-032-0010 (Classification of Applicants as Telecommunications Providers).

(14)

“Toll service” means a telecommunications service between local exchanges carried on the public switched network for which charges are made on a per-unit basis.

(15)

“Unserved person” means a person:

(a)

Who lacks local exchange service;

(b)

Who is applying for residential service or business service with five or fewer lines; and

(c)

Who, for the initiation of such service, would be required to pay line extension charges.

Source: Rule 860-032-0001 — Definitions for Telecommunications, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=860-032-0001.

860–032–0000
Waiver
860–032–0001
Definitions for Telecommunications
860–032–0002
Notice and Procedures for a Proceeding Initiated Under Division 032
860–032–0005
Application for New or Amended Certificate of Authority, or to Transfer Authority
860–032–0007
Conditions of Certificates of Authority
860–032–0008
Failure to File Information or Pay the Annual Fee
860–032–0010
Classification of Applicants as Telecommunications Providers
860–032–0011
Advertisements by Competitive Providers
860–032–0012
Retail Telecommunications Service Standards for Competitive Telecommunications Providers
860–032–0013
Uncertified Telecommunications Providers
860–032–0015
Cancellation or Suspension of a Telecommunications Provider’s Certificate
860–032–0020
Abandonment of Service
860–032–0023
Price List Petitions
860–032–0025
Petition to Exempt Services from Regulation
860–032–0035
Petition to Price List Telecommunications Utility Services
860–032–0040
Subsidies for Telecommunications Service
860–032–0045
Petitions for Alternative Access by Customers of Shared Telecommunications Service Providers
860–032–0050
Petition for a Declaratory Ruling that a Service Is Not Subject to Regulation
860–032–0060
Reporting Requirements for Telecommunications Providers
860–032–0070
Confidential Information Submitted by Local Exchange Telecommunications Utilities and Cooperatives
860–032–0080
Definition of Gross Retail Intrastate Revenue for Purposes of Annual Fees Payable to the Commission by a Telecommunications Provider
860–032–0090
Allocation of Revenues by a Telecommunications Provider
860–032–0095
Annual Fees Payable to the Commission by a Competitive Provider
860–032–0097
Estimated Annual Fees Payable to the Commission
860–032–0100
Collective Consideration of Oregon Intrastate Rate, Tariff, or Service Proposals
860–032–0190
Definition of Basic Telephone Service
860–032–0200
Essential Services
860–032–0220
Application for Service by Unserved Person
860–032–0230
Pay Telephones
860–032–0410
Location of Underground Facilities
860–032–0420
Construction, Safety, and Reporting Standards for Telecommunications Providers
860–032–0430
Attachments to Poles and Conduits Owned by Public, Telecommunications, and Consumer-Owned Utilities
860–032–0510
Customer Proprietary Network Information (CPNI)
860–032–0520
Customer Service Records (CSRs)
Last Updated

Jun. 8, 2021

Rule 860-032-0001’s source at or​.us