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

(1)

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.

(2)

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:

(a)

Price or service competition exists;

(b)

The service is subject to competition; or

(c)

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

(3)

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

(a)

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

(b)

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

(c)

Existing economic or regulatory barriers to entry; and

(d)

Any other factors deemed relevant by the Commission.

(4)

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

(a)

The petitioner’s name and address;

(b)

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

(c)

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

(d)

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

(e)

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;

(f)

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

(g)

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

(5)

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).

(6)

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.

(7)

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.

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 860-032-0025’s source at or​.us