OAR 860-032-0095
Annual Fees Payable to the Commission by a Competitive Provider

(1)

On statement forms prescribed by the Commission, each competitive provider must provide the requested information for the subject year.

(2)

Each competitive provider must pay to the Commission:

(a)

A minimum annual fee of $100. The annual fee is due on or before April 1 of the year after the calendar year on which the annual fee is based. The annual fee rate will not exceed three tenths of one percent (0.3 percent) of the gross retail intrastate revenue during the calendar year on which the annual fee is based.

(b)

A late statement fee in accordance with OAR 860-011-0110, if the Commission has not received the competitive provider’s statement form, completed in compliance with section (1) of this rule, on or before 5 p.m. Pacific Time on the fifth business day following the due date.

(c)

A penalty fee for failure to pay the full amount when due, as required under ORS 756.350 (Penalty for failure to pay fees) and OAR 860-032-0008 (Failure to File Information or Pay the Annual Fee)(1).

(d)

A service fee in accordance with OAR 860-011-0110 for each payment returned for non-sufficient funds.

(e)

All costs incurred by the Commission to collect a past-due annual fee from the competitive provider.

(3)

The annual fee payment must be received by the Commission no later than 5 p.m. Pacific Time on the due date. A payment may be by cash, money order, bank draft, sight draft, cashier’s check, certified, or personal check. A payment made by check will be conditionally accepted until the check is cleared by the bank on which it is drawn.

(4)

Each competitive provider must:

(a)

Collect the annual fee by charging an equitable amount to each retail customer, using apportionment methods that are consistently applied by the competitive provider through Oregon, and

(b)

Describe the amount of the apportioned charge upon each retail customer’s bill.

(5)

Each competitive provider must:

(a)

Maintain its records in sufficient detail to readily provide gross retail intrastate revenue from Oregon telecommunications services, as defined in OAR 860-032-0080 (Definition of Gross Retail Intrastate Revenue for Purposes of Annual Fees Payable to the Commission by a Telecommunications Provider);

(b)

Follow the revenue allocation procedures in OAR 860-032-0090 (Allocation of Revenues by a Telecommunications Provider); and

(c)

Make its revenue accounting records available to the Commission upon the Commission’s request. A competitive provider must keep all records supporting each statement form for three (3) years, or until a Commission review or audit is complete, whichever is later.

(6)

For any year in which a competitive provider’s statement form was due, the Commission may audit the competitive provider as the Commission deems necessary and practicable:

(a)

The Commission’s audit must begin no later than three years after the statement form’s due date. However, if the competitive provider failed to obtain a certificate of authority, an audit may occur at any time.

(b)

If the Commission determines that the competitive provider has underreported its subject revenues, the Commission may assess an additional annual fee, along with a penalty fee for failure to pay under ORS 756.350 (Penalty for failure to pay fees).

(c)

If the Commission determines that the competitive provider has overpaid its annual fee, the Commission may, at is discretion, recompense the competitive provider with a refund or a credit against annual fees subsequently due.

(7)

If the Commission receives a public record request for the confidential information required by this rule, the Commission may assert that, subject to the limitations of the Public Records Law, the materials are trade secrets and, therefore, exempt from disclosure.

(8)

A cooperative that is a competitive provider must pay an annual fee only on the gross retail intrastate revenue from telecommunications services that are provided under the cooperative’s ORS 759.020 (Certificate of authority) certificate of authority. A cooperative should not pay an annual fee on revenue from telecommunications services that are provided under the cooperative’s 759.025 (Certificates of authority for persons, companies and corporations providing services on January 1, 1986) certificate of authority.

Source: Rule 860-032-0095 — Annual Fees Payable to the Commission by a Competitive Provider, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=860-032-0095.

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 860-032-0095’s source at or​.us