Current through Register Vol. 63, No. 9, September 1, 2024
(1) A
person may not provide intrastate telecommunications service on a for-hire
basis, or transfer a certificate of authority to provide such service, except
as authorized by the Commission.
(2) Any person intending to provide
intrastate telecommunications service in Oregon, or to transfer a certificate
of authority to provide such service, must file an application, on a form
prescribed by the Commission. A copy of the applicable application form is
available on the Commission's website.
(3) The application and any subsequent
amendments must be filed electronically as set forth in OAR 860-001-0140 and
860-001-0170.
(4) Applicant(s)
must complete all applicable parts of the application. If an application, in
any material respect, is incomplete, inaccurate, false, or misleading, the
Commission may reject the application.
(5) An application for a new or amended
certificate must contain:
(a) A request for
classification as a telecommunications utility or competitive provider;
(b) The name, mailing address,
telephone number, and electronic mail address of the applicant;
(c) A description of the service the
applicant seeks to provide, including designation of such service as local
exchange, shared, or interexchange service, and a designation of such service
as switched or non-switched service, and a description of how applicant will
provide such service;
(d) A
description of the territory where the service is to be offered. An application
to provide local exchange service must include a description and map of the
local exchange service boundaries or a list of the local exchanges to be
served;
(e) The names of
affiliated interests of the applicant, as defined in OAR 860-032-0001, which
are certified to provide or are actually providing telecommunications service
in Oregon;
(f) A list of each
certificate of authority to provide service in Oregon, which was granted to
applicant or to an affiliated interest, whether such certificate is in effect
or canceled; and
(g) In addition
to the requirements of subsections (5)(a) through (f) of this rule, an
application to provide shared service must:
(A) Describe the user group to whom service
will be provided;
(B) List the
street address of the building(s) where service will be provided; and
(C) If service will be provided to
a user group located in two or more buildings, the application must include a
clear, precise, legible map, of the area to be served.
(6) An application to transfer a
certificate of authority must contain:
(a)
The names, mailing addresses, telephone numbers, and electronic mail addresses
of the transferor and transferee;
(b) A description of the telecommunications
services and service area for which authority is to be transferred; and
(c) The names of affiliated
interests of the transferee, as defined in OAR 860-032-0001, which are
certified to provide or are actually providing telecommunications service in
Oregon.
(7) For all
applications:
(a) The Commission will serve
notice of the application as provided in OAR 860-032-0002(1).
(b) Within 20 days of the date of service of
the notice, any person may file a protest to an application. The protest must
set forth the grounds for the protest and be filed in accordance with
requirements of OAR 860-001-0140 and 860-001-0170.
(c) The Commission may require a person
filing a protest to show that it is affected by the application or that its
appearance and participation will not unreasonably broaden the issues or burden
the record. Failure of the telecommunications utility or cooperative to protest
an application to provide local exchange service, other than shared service, is
not considered consent to the application.
(d) Any protestant will be made a party to
the application proceeding. Other persons may be made a party upon formal
request to the Commission.
(e) If
an applicant intends to broaden the authority requested during the application
process, it must file a new application pursuant to sections (2) through (6) of
this rule. However, an applicant may narrow its request by filing its amendment
with the Filing Center.
(f) The
Commission may grant or deny an application without hearing, unless a hearing
is required by ORS 759.020(4).
(g) If the Commission processes
the application without a hearing, the Commission staff may issue to the
parties a proposed order that grants or denies the application. Within 60 days
of service of any proposed order, any party may file exceptions or request a
hearing. Exceptions must be filed with the Filing Center. Within 10 days of
filing of any exceptions, Commission staff and any party may file a reply. In
its reply, Commission staff may modify its proposed order in response to the
exceptions filed. Filing dates for exceptions and replies are calculated and
enforced per OAR 860-001-0150.
(h)
A party to the application proceeding may request rehearing or reconsideration
of the order, which grants or denies the application, pursuant to ORS
756.561 and OAR 860-001-0720.
(8) For applicants who
request classification as a telecommunications utility, all services proposed
to be offered by the applicant must be deemed essential services. However,
applicant may accompany the application with a petition to exempt some services
pursuant to OAR 860-032-0025 or to price-list some or all services pursuant to
OAR 860-032-0035.
(9) The
Commission reviews applications for interexchange service or shared service
pursuant to ORS 759.020. Applications for local
exchange service, other than shared service, will be reviewed pursuant to ORS
759.020 and
759.050.
(10) For applications for local exchange
service, other than shared service, the following apply in addition to
provisions of sections (7) through (9) of this rule:
(a) The Commission may apply the public
interest criteria from ORS
759.050(2), or
the Commission may determine pursuant to ORS
759.020(3) that
the affected telecommunications utility is unable to provide service; and
(b) Failure by the
telecommunications utility to provide reasonable and adequate local exchange
service constitutes inability to provide service.
(11) Applications to transfer authority to
provide telecommunications service are subject to sections (1) through (4) and
(6) through (10) of this rule. With Commission approval, a telecommunications
provider may transfer a certificate of authority subject to the following
requirements:
(a) The transferor may transfer
some or all of its authority;
(b)
Transferee is liable for all fees incurred and reports due by the transferor as
of the date the transfer is approved; and
(c) All relevant conditions and restrictions
which attend the authority held by the transferor will apply to the certificate
held by the transferee.
(d) When
the application is granted the transferor will no longer be authorized to
provide the telecommunications services that are
transferred.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
756.040,
759.020,
759.025,
759.030,
759.050,
759.225 &
759.690
