OAR 860-032-0025
Petition to Exempt Services from Regulation


Upon petition by a telecommunications utility and upon notice and hearing, except as provided in section (7) of this rule, the Commission shall exempt a service from regulation in whole or in part, if the Commission finds price and service competition exists.


Upon petition by any person, including a telecommunications utility, and upon notice and hearing, except as provided in section (7) of this rule, the Commission may exempt a service from regulation in whole or in part, if the Commission finds:


Price or service competition exists;


The service is subject to competition; or


The public interest no longer requires full regulation of the service.


Prior to making a finding under sections (1) or (2) of this rule, the Commission shall consider:


The extent to which services are available from alternative telecommunications providers in the relevant market;


The extent to which the services of alternative telecommunications providers are functionally equivalent or substitutable at comparable rates, terms, and conditions;


Existing economic or regulatory barriers to entry; and


Any other factors deemed relevant by the Commission.


Petitions filed under sections (1) and (2) of this rule shall contain:


The petitioner’s name and address;


A copy of the petitioner’s certificate of authority, if any;


The service or portion of a service proposed to be exempted from regulation;


Documentation which demonstrates the petition meets the requirements in sections (1), (2), and (3) of this rule;


The telecommunications utility’s revenues from and costs of providing the service, the long-range incremental cost of the service, the cost allocation to regulated and unregulated activities for future rate-making treatment, and supporting documentation. The information submitted under this paragraph may be submitted in confidence;


A statement from each joint telecommunications provider of the service that it agrees to the exemption; or


A statement from the petitioner indicating how the exemption will affect the rates and services of all affected joint telecommunications providers of the service.


The Commission may attach reasonable conditions to an exemption granted under this rule and may amend or revoke any such order under ORS 756.568 (Rescission, suspension and amendment of orders).


Except as provided in section (7) of this rule, after notice and hearing, and upon a finding that the circumstances under which the service was exempted no longer exists or the public interest requires reregulation of the service, the Commission may reregulate a service which has been exempted under this rule.


If no objections are filed to proposals under sections (1), (2), or (6) of this rule, or with agreement of the parties, the Commission may waive the requirement for hearing.

Source: Rule 860-032-0025 — Petition to Exempt Services from Regulation, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=860-032-0025.

Definitions for Telecommunications
Notice and Procedures for a Proceeding Initiated Under Division 032
Application for New or Amended Certificate of Authority, or to Transfer Authority
Conditions of Certificates of Authority
Failure to File Information or Pay the Annual Fee
Classification of Applicants as Telecommunications Providers
Advertisements by Competitive Providers
Retail Telecommunications Service Standards for Competitive Telecommunications Providers
Uncertified Telecommunications Providers
Cancellation or Suspension of a Telecommunications Provider’s Certificate
Abandonment of Service
Price List Petitions
Petition to Exempt Services from Regulation
Petition to Price List Telecommunications Utility Services
Subsidies for Telecommunications Service
Petitions for Alternative Access by Customers of Shared Telecommunications Service Providers
Petition for a Declaratory Ruling that a Service Is Not Subject to Regulation
Reporting Requirements for Telecommunications Providers
Confidential Information Submitted by Local Exchange Telecommunications Utilities and Cooperatives
Definition of Gross Retail Intrastate Revenue for Purposes of Annual Fees Payable to the Commission by a Telecommunications Provider
Allocation of Revenues by a Telecommunications Provider
Annual Fees Payable to the Commission by a Competitive Provider
Estimated Annual Fees Payable to the Commission
Collective Consideration of Oregon Intrastate Rate, Tariff, or Service Proposals
Definition of Basic Telephone Service
Essential Services
Application for Service by Unserved Person
Pay Telephones
Location of Underground Facilities
Construction, Safety, and Reporting Standards for Telecommunications Providers
Attachments to Poles and Conduits Owned by Public, Telecommunications, and Consumer-Owned Utilities
Customer Proprietary Network Information (CPNI)
Customer Service Records (CSRs)
Last Updated

Jun. 8, 2021

Rule 860-032-0025’s source at or​.us