Current through Register Vol. 63, No. 9, September 1, 2024
(1) On
statement forms prescribed by the Commission, each large telecommunications
utility must provide the requested information for the subject year.
(2) Each large telecommunications utility
must pay to the Commission an annual fee on gross retail intrastate revenue
derived within Oregon at a rate determined by Commission orders entered on or
before November 1 of each year:
(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 the rate authorized in ORS
756.310 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 860-001-0050, if the Commission has not
received the utility'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 and OAR 860-032-0008(1).
(d) A
service fee in accordance with OAR 860-001-0050 for each payment returned for
non-sufficient funds.
(e) All costs
incurred by the Commission to collect a past-due annual fee from the
utility.
(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 large
telecommunications utility must:
(a) Collect
the annual fee by charging an equitable amount to each retail customer, using
apportionment methods that are consistently applied by the utility throughout
Oregon, and
(b) Describe the amount
of the apportioned charge upon each retail customer's bill.
(5) If the annual fee charge is
embedded in the large telecommunications utility's Commission-approved retail
rates, and:
(a) If the utility does not
separately charge the customer an additional amount for the apportioned annual
fee, then the utility may comply with section (4) of this rule by merely
describing the apportioned amount of the charge on the retail customer's
bill.
(b) If the utility separately
charges the customer an additional amount for the apportioned annual fee, then
the utility must comply with ORS
756.310(6)(c).
(6) For any year in which a large
telecommunications utility's statement form was due, the Commission may audit
the utility as the Commission deems necessary and practicable:
(a) The Commission's audit must begin no
later than three (3) years after the statement form's due date.
(b) If the Commission determines that the
utility 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.
(c) If the Commission determines that the
utility has overpaid its annual fee, the Commission may, at its discretion,
recompense the utility with a refund or a credit against annual fees
subsequently due.
(7)
Each large telecommunications utility 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;
(b) Follow the revenue allocation procedures
in OAR 860-032-0090; and
(c) Make
its revenue accounting records available to the Commission upon the
Commission's request.
(8) 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.
Statutory/Other Authority: ORS 183, 192, 756, 759
Statutes/Other Implemented: ORS
756.310,
756.320,
756.350
