ORS 759.020
Certificate of authority

  • application
  • procedure
  • criteria
  • intrastate toll service level
  • rules

(1)

No person, corporation, company, association of individuals or their lessees, trustees, or receivers shall provide intrastate telecommunications service on a for-hire basis without a certificate of authority issued by the Public Utility Commission under this section.

(2)

Applications for certificates of authority shall be in a form prescribed by the commission and shall describe the telecommunications services the applicant proposes to provide. Notice of all applications shall, within 30 days of filing, be served by the commission upon all persons holding authority to provide telecommunications service issued under this section or providing local exchange telecommunications service.

(3)

Except as provided in ORS 759.050 (Competitive zone service regulation), no certificate shall authorize any person to provide local exchange telecommunications service within the local exchange telecommunications service area of a telecommunications utility unless such utility consents, is unable to provide the service, or fails to protest an application. This subsection shall not apply to any application for a certificate by a provider of shared telecommunications services.

(4)

After notice, a hearing need not be held prior to issuance of a certificate of authority except upon the commission’s own motion or unless the application is to authorize a person to provide local exchange telecommunications service in the local exchange telecommunications service area of a telecommunications utility and such utility protests. After hearing, the commission shall issue the certificate only upon a showing that the proposed service is required by the public interest.

(5)

The commission may classify a successful applicant for a certificate as a telecommunications utility or as a competitive telecommunications services provider. If the commission finds that a successful applicant for a certificate has demonstrated that services it offers are subject to competition or that its customers or those proposed to become customers have reasonably available alternatives, the commission shall classify the applicant as a competitive telecommunications services provider. The commission shall conduct the initial classification and any subsequent review of the classification in accordance with such procedures as the commission may establish by rule, after hearings. The commission may attach reasonable conditions to such classification and may amend or revoke any such order as provided in ORS 756.568 (Rescission, suspension and amendment of orders). For purposes of this section, in determining whether telecommunications services are subject to competition or whether there are reasonably available alternatives, the commission shall consider:

(a)

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

(b)

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

(c)

Existing economic or regulatory barriers to entry.

(d)

Any other factors deemed relevant by the commission.

(6)

Any provider of intrastate toll service must inform customers of the service level furnished by that provider, according to rules of the commission. The commission, by rule, shall determine the level of intrastate toll service that is standard. Any provider of intrastate toll service must identify the service level the provider plans to furnish in an annual report to the commission. The commission shall revoke the certification of any provider that does not consistently furnish the service level identified in the provider’s annual report. [Formerly 757.815; 1991 c.326 §1; 1993 c.423 §1]

Source: Section 759.020 — Certificate of authority; application; procedure; criteria; intrastate toll service level; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html.

Notes of Decisions

Legislature intended all entities providing intrastate telecommunications services for hire, regardless of entity form, to be subject to certificate of authority requirement. Beaver Creek Cooperative Telephone Company v. Public Utility Commission, 182 Or App 559, 50 P3d 1231 (2002)

“For-hire” basis means making service available in return for payment, whether or not for commercial profit. Beaver Creek Cooperative Telephone Company v. Public Utility Commission, 182 Or App 559, 50 P3d 1231 (2002)

759.005
Definitions 759.015
Legislative findings on universal telecommunications service 759.016
Legislative findings on broadband services 759.020
Certificate of authority 759.025
Certificates of authority for persons, companies and corporations providing services on January 1, 1986 759.027
Shared telecommunications service provider 759.035
Duty to furnish adequate and safe service at reasonable rates 759.036
Commission authority 759.040
Exemptions for certain unaffiliated utilities with fewer than 50,000 access lines 759.045
Special rules for utilities exempted from regulation under ORS 759.040 759.050
Competitive zone service regulation 759.052
Commission authority to exempt telecommunications services from regulation 759.054
Price listing for product or service offered as part of local exchange telecommunications services 759.056
Price listing for product or service offered as part of interexchange telecommunications services 759.058
Commission action on petition under ORS 759.052, 759.054 or 759.056 759.060
Information submitted by local exchange telecommunications utilities 759.070
Charge to access public body radio tower 759.075
Authority to construct lines and facilities 759.080
Use of property outside limits of municipal corporation 759.120
Form and manner of accounts prescribed by commission 759.125
Records and accounts prescribed by commission 759.130
Closing date of accounts 759.135
Depreciation accounts 759.175
Filing rate schedules and data with commission 759.180
Hearing on reasonableness of rates 759.182
Rate schedules for service promotions 759.185
Suspension of rates pending hearing 759.190
Notice of schedule change 759.195
Price listing of services 759.200
Inclusion of amortizations in rates 759.205
Conformance of rates charged with schedule 759.210
Classification of service and rates 759.215
Public access to schedules 759.218
Revenues and expenses of unregulated activities 759.219
Certain taxes as operating expense 759.220
Joint rates and classifications 759.225
Application of ORS 759.220 to unincorporated associations and cooperative corporations 759.230
Measured service rate for business customers 759.235
Mandatory measured service rate 759.240
Measuring quality of service 759.245
Examination and testing of measuring appliances 759.250
Contracts for special services 759.255
Setting prices without regard to return on utility investment 759.257
Extended area service: Portland to Scappoose 759.259
Extended area service: Portland to Molalla 759.260
Unjust discrimination in rates 759.265
Practices not constituting unjust discrimination 759.267
Service promotion activities 759.270
Reducing rates for persons furnishing part of facilities 759.275
Undue preferences and prejudices 759.280
Soliciting or accepting rebates or special advantage 759.285
Charging rates based on cost of property not presently providing service 759.300
“Stocks” defined 759.305
Power to regulate issuance of telecommunications stocks 759.310
When issuance of securities void 759.315
Purposes for which securities may be issued 759.320
Application of ORS 759.315 759.325
Application of ORS 759.375 759.330
Hearings and supplemental orders for securities issuance 759.335
Obligation of state as consequence of approval of issuance 759.340
Conditional approval of issuance 759.345
Use of proceeds from issuance 759.350
Limitation on authority of utility to guarantee debt of another 759.355
Issuance or use of proceeds contrary to commission order 759.360
Prohibited acts regarding issuance of securities 759.375
Approval prior to sale, mortgage or disposal of operative utility property 759.380
Purchase of stock or property of another utility 759.385
Contracts regarding use of utility property 759.390
Contracts with affiliated interests 759.393
Applicability of ORS 759.385 and 759.390 759.400
Definitions for ORS 759.400 to 759.455 759.405
Election of regulation under ORS 759.405 and 759.410 759.410
Intent of ORS 759.410 759.415
Order in rate proceeding filed prior to January 1, 1999, to establish maximum rate for affected telecommunications services 759.420
Application of ORS 759.400 to 759.455 to wholesale transactions regulated under federal law 759.425
Universal service fund 759.430
Approval of projects funded by carrier’s Telecommunications Infrastructure Account 759.435
Assessment of telecommunications infrastructure and community needs 759.440
Additional funding for evaluating project plans 759.445
Connecting Oregon Communities Fund 759.450
Minimum service quality standards 759.455
Prohibited acts 759.500
Definitions for ORS 759.500 to 759.570 759.506
Purpose of allocated territory laws 759.535
Application to serve unserved territory 759.560
Assignment or transfer of allocated territory 759.565
Injunction against unauthorized provision of service 759.570
Application of law to local government 759.580
Power of commission to require service to unserved territory 759.585
Definitions for ORS 759.585 to 759.595 759.590
Application for service by unserved person 759.595
Criteria for granting application for service 759.650
Definitions for ORS 759.650 to 759.675 759.655
Authority of commission to regulate attachments 759.660
Fixing charges or rates 759.665
Considerations in determining just and reasonable rate 759.670
Presumption of reasonableness of rates set by agreement 759.675
Regulatory procedure 759.680
Operator service provider duties to service users 759.685
Surcharge assessed on retail telecommunications subscribers 759.687
Residential Service Protection Fund 759.688
Oregon Telephone Assistance Program Advisory Committee 759.689
Use of surcharge for marketing and outreach to increase participation rate in plan of assistance 759.693
Definitions 759.694
Legislative recognition of need 759.695
Program for assistive telecommunication devices and communication facilitator services 759.696
Telecommunication Devices Access Program Advisory Committee 759.697
Program coordinator 759.698
Eligibility 759.700
Definitions for ORS 759.700 to 759.720 759.705
Program message preamble 759.710
Pay-per-call information 759.715
Information service blocking 759.720
Action against information provider for failure to comply with law 759.730
Unauthorized changes in telecommunications carriers (“slamming”) 759.900
Liability of utility 759.990
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 759.020’s source at oregon​.gov