OAR 860-032-0010
Classification of Applicants as Telecommunications Providers
(1)
Pursuant to ORS 759.020 (Certificate of authority), there shall be two classifications of telecommunications providers:(a)
Telecommunications utility; and(b)
Competitive provider.(2)
The Commission shall classify an applicant for a certificate of authority pursuant to ORS 759.020 (Certificate of authority).(3)
A telecommunications provider may file a petition with the Commission under OAR 860-032-0005 (Application for New or Amended Certificate of Authority, or to Transfer Authority) to change its classification. On the Commission’s own motion, and after notice and opportunity for hearing, the Commission may change a telecommunications provider’s classification upon finding the provider no longer qualifies for the classification previously assigned or qualifies for a different classification.(4)
Local exchange telecommunications service provided by a telecommunications utility or a cooperative within the boundaries of local exchanges belonging to another telecommunications utility or cooperative, which exchanges are defined pursuant to ORS 759.005 (Definitions)(2)(c), shall be considered the operations of a competitive provider, and may only be provided pursuant to a certificate of authority granted by the Commission under ORS 759.020 (Certificate of authority). Such service shall be considered operations of a competitive provider without regard to the manner the provider treats those operations.(5)
Telecommunications services provided by a telecommunications utility or a cooperative pursuant to a certificate of authority granted under ORS 759.020 (Certificate of authority), wherein the provider was classified as a competitive provider for purposes of providing those services, shall be considered the operations of a competitive provider without regard to the manner the provider treats those operations.
Source:
Rule 860-032-0010 — Classification of Applicants as Telecommunications Providers, https://secure.sos.state.or.us/oard/view.action?ruleNumber=860-032-0010
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