OAR 860-034-0350
Forced Conversion of Communication Facilities for Small Telecommunications Utilities and Type 2 Cooperatives

(1)

As used in this rule:

(a)

“Convert,” “converting,” or “conversion” means the removal of overhead communication facilities and the replacement of those facilities with underground communication facilities at the same or different locations.

(b)

“Conversion cost” means the difference in cost between constructing an underground system and retaining the existing overhead system. This difference is equal to the cost of all necessary excavating, road crossings, trenching, backfilling, raceways, ducts, vaults, transformer pads, other devices peculiar to underground service, and “overhead retirement costs.” However, if the conversion is required in conjunction with a public project which would necessitate the relocation of the company’s facilities at the company’s expense, “conversion costs” shall not include any “overhead retirement costs.”

(c)

“Communication facilities” means any works or improvements used or useful in providing communication service, including but not limited to poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances, and all related facilities required for the acceptance of communication services. However, “Communication facilities” excludes facilities used or intended to be used for the transmission of intelligence by microwave or radio, apparatus cabinets or outdoor public telephones; or facilities owned or used by or provided for a railroad or pipeline and located upon or above the right-of-way of the railroad or pipeline.

(d)

“Company,” as used in this rule, means a small telecommunications utility or Type 2 cooperative, as defined in OAR 860-034-0010 (Scope of the Rules).

(e)

“Local government” includes cities; counties; authorities and agencies created pursuant to ORS Chapters 456 and 457; special districts of the type described in ORS 198.010 (“District” defined for chapter) and 198.180 (“District” defined for ORS 198.190); and all other political subdivisions of Oregon.

(f)

“Overhead communication facilities” means communication facilities located above the surface of the ground.

(g)

“Overhead retirement cost” means the original cost, less depreciation, less salvage value, plus removal costs, of existing overhead distribution facilities no longer used or useful by reason of the conversion.

(h)

“Underground communication facilities” means communication facilities located below the surface of the ground exclusive of those facilities such as service terminals, pedestal terminals, splice closures, apparatus cabinets and similar facilities which normally are above the surface in areas where company facilities are underground in accordance with standard underground practices.

(2)

This rule does not apply if the total conversion cost incurred by the company during one calendar year does not exceed five-one hundredths of 1 percent (.05 percent) of the company’s annual revenues derived from customers residing within the boundaries of the local government.

(3)

When a local government requires a company to convert communications facilities at the company’s expense:

(a)

A small telecommunications utility shall collect the conversion costs from customers located within the boundaries of the local government.

(b)

A Type 2 cooperative may not collect the conversion costs from customer located outside the boundaries of the local government for purposes of joint rates and through services.

(4)

The local government may direct the company to collect conversion costs from only a portion of the customers located within the boundaries of the local government.

(5)

Conversion costs incurred by the small telecommunications utility shall be accumulated in a separate account in the small telecommunications utility’s books. Interest shall accrue from the date the small telecommunications utility incurs the cost. The rate of such interest shall be equal to the effective cost of the senior security issue which most recently preceded the incurrence of the cost.

(6)

The small telecommunications utility shall collect the conversion costs and interest over a reasonable period of time subject to approval by the Commission. However, the pay-back period shall not exceed the depreciable life of the new facilities. Collection shall begin as soon as practical after the end of the year in which the conversion costs are incurred.

(7)

The conversion cost to be recovered from each customer of a small telecommunications utility shall be calculated by applying a uniform percentage to each customer’s total monthly bill for service rendered within the boundaries of the local government. The amount collected shall be separately stated and identified on each bill.

(8)

This rule applies to conversions upon which construction is commenced on or after August 13, 1984.

Source: Rule 860-034-0350 — Forced Conversion of Communication Facilities for Small Telecommunications Utilities and Type 2 Cooperatives, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=860-034-0350.

860–034–0010
Scope of the Rules 860–034–0015
Through Service 860–034–0020
Definitions for OAR 860-034-0030 through 860-034-0290 860–034–0030
Applications for Service from a Small Telecommunications Utility 860–034–0040
Information for Utility Customers and Applicants 860–034–0050
Multilingual Notices 860–034–0060
Dispute Resolution 860–034–0070
Designation of Third Party to Receive Notices 860–034–0080
Restrictions on Entering a Customer Residence 860–034–0090
Interruption of Utility Service 860–034–0095
Annual Fees Payable to the Commission by a Small Telecommunications Utility 860–034–0097
Estimated Annual Fees Payable to the Commission 860–034–0100
Temporary Utility Service 860–034–0110
Due and Payable Period 860–034–0120
Late-Payment Charge 860–034–0130
Adjustment of Utility Bills 860–034–0140
Establishing Credit for Residential Utility Service 860–034–0150
Payment Arrangements for Deposit and Installation Charges for Residential Utility Service 860–034–0160
Interest on Deposits for Residential and Nonresidential Utility Service 860–034–0170
Refund of Deposits for Residential and Nonresidential Utility Service 860–034–0180
Grounds for Disconnecting Utility Service 860–034–0190
Voluntary Disconnection of Utility Service 860–034–0200
Emergency Disconnection of Utility Service 860–034–0210
Disconnection of Utility Service on Weekends and Holidays 860–034–0220
Accounts Not Related to Residential Utility Service 860–034–0230
Reconnection Fee for Utility Service 860–034–0240
Transfer Billings 860–034–0250
Refusal of Utility Service 860–034–0260
Disconnection Procedures for Commercial and Residential Utility Customers 860–034–0270
Emergency Medical Certificate for Residential Utility Service 860–034–0275
Termination of Local Exchange Residential Service for Telecommunications Customers at Significant Risk 860–034–0276
Time Payment Agreements for Small Telecommunications Utilities 860–034–0280
Telephone Solicitation Notices by Small Telecommunications Utilities 860–034–0290
Customer Notification and Information Delivery Services for Small Telecommunications Utilities 860–034–0300
Tariffs of Small Telecommunications Utilities 860–034–0310
Announcement of Rate Increases by Small Telecommunications Utilities 860–034–0320
Notice to Interested Persons of Tariffs Filed Under ORS 759.175 by Small Telecommunications Utilities 860–034–0325
Requests to Abandon, Exempt from Regulation, or Price-List Regulated Telecommunications Services 860–034–0330
Relating to City Privilege Taxes, Fees, and Other Assessments Imposed Upon a Small Telecommunications Utility or Type 2 Cooperative 860–034–0340
Relating to Local Government Fees, Taxes, and Other Assessments Imposed Upon a Small Telecommunications Utility or Type 2 Cooperative 860–034–0350
Forced Conversion of Communication Facilities for Small Telecommunications Utilities and Type 2 Cooperatives 860–034–0380
Maintenance of Plant and Equipment by Small Telecommunications Utilities 860–034–0390
Retail Telecommunications Service Standards for Small Telecommunications Utilities 860–034–0392
Accounting for Directors’ Fees by Small Telecommunications Utilities 860–034–0393
Uniform System of Accounts for Small Telecommunications Utilities 860–034–0394
Allocation of Costs by Small Telecommunications Utilities 860–034–0395
Annual Report Requirements for Small Telecommunications Utilities 860–034–0396
Reporting of Affiliated Transactions by Small Telecommunications Utilities 860–034–0397
Use of Deferred Accounting by Small Telecommunications Utilities 860–034–0400
Maps and Records of Small Telecommunications Utilities and Telecommunications Cooperatives 860–034–0420
Location of Underground Facilities 860–034–0430
Construction, Safety, and Reporting Standards for Small Telecommunications Utilities and Telecommunications Cooperatives 860–034–0440
Applicability and Formal Requirements for Small Telecommunications Utilities and Telecommunications Cooperatives 860–034–0450
Applications for Approval of Contracts to Avoid or Eliminate Duplicate Utility Service for Small Telecommunications Utilities and Telecommunications Cooperatives 860–034–0460
Applications for Approval of Amendments to Contracts to Avoid or Eliminate Duplicate Utility Service for Small Telecommunications Utilities and Telecommunications Cooperatives 860–034–0470
Applications for Allocation of Exclusively Served Territory by Small Telecommunications Utilities and Telecommunications Cooperatives 860–034–0480
Applications for Allocation of Unserved Territory for Small Telecommunications Utilities and Telecommunications Cooperatives 860–034–0490
Applications to Transfer Rights to Allocated Territory for Small Telecommunications Utilities and Telecommunications Cooperatives 860–034–0495
Application by an Unserved Person for Service from a Small Telecommunications Utility 860–034–0505
Attachments to Poles and Conduits Owned by Public, Telecommunications, and Consumer-Owned Utilities 860–034–0580
Preservation and Destruction of Records for Small Telecommunications Utilities and Type 2 Cooperatives 860–034–0600
Definitions for Depreciation Guidelines for Small Telecommunications Utilities and Type 2 Cooperatives 860–034–0610
Revision of Depreciation Guidelines 860–034–0620
Filing Deadlines for a Request for an Exception by a Small Telecommunications Utility or Type 2 Cooperatives 860–034–0630
Information to be Included With a Request for an Exception Filed Under OAR 860-034-0620 860–034–0640
Review by Staff of a Request for an Exception Filed Under OAR 860-034-0620 860–034–0650
Petition to Open Depreciation Docket 860–034–0660
Review Procedure and Schedule for a Request for an Exception Filed Under OAR 860-034-0650 860–034–0670
Extension of Time for a Request for an Exception 860–034–0710
Extension of Time for a Request for an Exception Filed Under OAR 860-034-0650 860–034–0720
Announcement of Rate Increases for Joint Rates or Rates Charged for Through Services by Type 2 Cooperatives 860–034–0725
Telephone Solicitation Notices by Telecommunications Cooperatives 860–034–0730
Uniform System of Accounts for Type 2 Cooperatives 860–034–0740
Allocation of Costs by Type 2 Cooperatives 860–034–0750
Annual Report Requirements for Type 2 Cooperatives
Last Updated

Jun. 24, 2021

Rule 860-034-0350’s source at or​.us