Current through Register Vol. 63, No. 12, December 1, 2024
(1) A
telecommunications utility, cooperative corporation, or municipality may
petition the Commission for an exemption from its COLR obligations as specified
in this rule.
(2) The COLR's
petition must comply with the requirements of filing and service for contested
cases found in OAR Chapter 860, Division 001 and also include:
(a) The name of the COLR as it appears on its
certificate of authority;
(b) The
name, telephone number, electronic mail address, and mailing address of the
person to be contacted for additional information about the petition;
(c) The name, telephone number, electronic
mail address, and mailing address of the person to be contacted for regulatory
information, if different from the person specified in subsection (b) of this
section;
(d) A listing of the
services it is authorized to provide;
(e) Evidence that the conditions set forth in
ORS 759.506(3)(a) through
(3)(c) are met;
(f) Maps and any other information
identifying the territory for which the COLR seeks an exemption;
(g) Evidence that the property for which the
COLR seeks an exemption comprises four or more single family
dwellings;
(h) Estimates in total
and per customer of the COLR's cost to provide service to the property in the
absence of conditions identified in subsection (e) of this rule, or if the COLR
cannot estimate the per-customer cost, a statement as to why;
(i) A copy of the notice required by section
(6) of this rule; and
(j) An
affidavit of notice required by section (7) of this rule.
(3) The petition may also include any other
relevant information the COLR wishes to provide for consideration by the
Commission.
(4) If the COLR
designates any portion of the petition to be confidential, the COLR must attach
an affidavit stating the legal basis for the claim of confidentiality and
comply with the requirements of OAR 860-001-0070 or 860-001-0080.
(5) The petition must be filed at least 90
days before the proposed effective date of the requested exemption.
(6) The COLR must also prepare a Notice of
Petition for Exemption from COLR Obligations (notice). The notice must include:
(a) The name of the COLR as it would normally
appear on a customer bill;
(b) A
statement that the COLR has petitioned the Commission for an exemption from its
COLR obligations;
(c) The proposed
effective date of the exemption;
(d) A statement that comments regarding the
petition may be submitted to the Commission within 45 days of service date of
the notice;
(e) A statement that
the exemption will become effective by operation of law 90 days after the
petition is filed, unless the Commission denies the petition or suspends the
review of the petition for an additional 90 days;
(f) A statement that if the Commission
suspends review of the petition for an additional 90 days and does not deny the
petition within that additional time, then the exemption becomes effective by
operation of law 180 days after the petition is filed; and
(g) The name, telephone number, electronic
mail address, and mailing address of the COLR's contact person for more
information.
(7) The
COLR must serve a copy of its notice on the following persons:
(a) The property owner or
developer;
(b) The residents within
the property that the COLR is able to identify.
(8) The COLR must also prepare an affidavit
of notice, which must include:
(a) A
certificate of service stating when and by what means (electronic mail or other
delivery) the notice was served on the persons identified in section (7) above,
including a list showing the electronic address or address served;
and
(b) A statement of efforts
taken to serve the notice in those instances when service was not
completed.
(9) Unless
the Commission takes further action or denies the petition, the petition
becomes effective by operation of law 90 days after the petition is filed with
the Commission.
(a) For good cause, the
Commission may suspend the effective date of the petition for an additional 90
days.
(A) The Commission's review of the
petition may not exceed 180 days.
(B) Unless the Commission approves or denies
the petition within the additional 90 days, the petition becomes effective by
operation of law 180 days after the petition is filed with the
Commission.
(b) An
unopposed petition for exemption may become effective without a hearing before
the Commission. For good cause, the Commission may suspend the effective date
of an unopposed petition without a hearing.
(c) If opposition to the petition is filed
with the Commission within 45 days of service of the notice, the Commission
will schedule a conference to determine the proceedings necessary to complete
its review within the times set forth in this rule.
(10) After a COLR exemption has been granted,
the exempted COLR may provide service to a requesting customer in the exempted
property if there are no barriers to prevent the former COLR from entering the
property to provide the requested service. The requesting customer may be
subject to additional charges under the exempted COLR's line extension
tariff.
Stat. Auth: ORS
756.060,
759.036, &
759.506
Stat. Implemented: ORS
759.506
