ORS 759.070
Charge to access public body radio tower
- market rate
- exception
(1)
As used in this section:(a)
“Market rate” means a price, lease rate or other form of compensation for goods or services provided by a public body, when participating in a proprietary transaction, that is comparable to the average price, lease rate or other form of compensation in the same market for the same goods or services provided by a private-sector provider.(b)
“Private business” does not include a nonprofit emergency services organization.(c)
“Public body” has the meaning given that term in ORS 174.109 (“Public body” defined).(d)
“Radio tower” means a lattice tower that is generally 60 to 200 feet tall with three or four steel support legs, or a monopole that is generally 25 to 125 feet tall, to which multiple antennae may be attached to accommodate a variety of communication services, including radio communications service, radio paging and cellular communications service.(2)
A public body shall charge a private business a market rate for access to a radio tower if the private business uses the radio tower to deliver any of the following communication services for hire:(a)
Radio communications service;(b)
Radio paging; or(c)
Cellular communications service.(3)
Subsection (2) of this section does not prohibit a public body, when participating in a proprietary transaction, from charging or receiving compensation in the form of an exchange of goods or services or in any other nonmonetary form. [2013 c.440 §1]
Source:
Section 759.070 — Charge to access public body radio tower; market rate; exception, https://www.oregonlegislature.gov/bills_laws/ors/ors759.html.
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