Current through Register Vol. 63, No. 9, September 1, 2024
A certificate to provide telecommunications service is subject
to the following conditions:
(1) The
certificate holder must provide only the telecommunications service authorized
in the certificate.
(2) A
telecommunications utility may not abandon service except as authorized under
the Commission's rules.
(3) For
telecommunications utilities, the records and books of the certificate holder
are open to inspection by the Commission, and must be maintained according to
the Commission's rules.
(4) For
competitive providers and cooperatives, the books and records of the
certificate holder must be open to inspection by the Commission to the extent
necessary to verify information required of the certificate holder. The books
and records must be maintained according to the applicable rules of the
Commission.
(5) The certificate
holder must pay all access charges and subsidies imposed pursuant to the
Commission's rules, orders, tariffs, or price lists.
(6) The certificate holder involved in the
provision of an operator service must:
(a)
Notify all callers at the beginning of each call of the telecommunications
provider's name; however, a telecommunications provider furnishing operator
service for another telecommunications provider may brand the call by
identifying the other provider;
(b)
Disclose rate and service information to the caller when requested;
(c) Maintain a current list of emergency
numbers for each service territory it serves;
(d) Transfer an emergency call to the
appropriate emergency number when requested, free of charge;
(e) Transfer a call to, or instruct the
caller how to reach, the originating telecommunications utility's operator
service upon request of the caller, free of charge;
(f) Not transfer a call to another operator
service provider without the caller's notification and consent;
(g) Not bill or collect for calls not
completed to the caller's destination telephone number; and
(h) Not screen calls and prevent or block the
completion of calls which would allow the caller to reach an operator service
company different from the certificate holder. In addition, the certificate
holder shall, through contract provisions with its call aggregator clients,
prohibit the blocking of a caller's access to his or her operator service
company of choice. A certificate holder may apply for a waiver from this
requirement if necessary to prevent fraudulent use of its services.
(7) Telecommunications providers
who enter into operator service contracts or arrangements with call aggregators
must include in those contracts or arrangements provisions for public
notification as follows:
(a) A sticker or name
plate identifying the name of the certificate holder must be attached to each
telephone available to the public; and
(b) A brochure, pamphlet, or other notice
must be available in the immediate vicinity of the telephone giving the name of
the operator service provider, stating that rate quotes are available upon
request, listing a toll-free telephone number for customer inquiry, and giving
instructions on how the caller may access other operator service
providers.
(8)
Competitive providers may contract with telecommunications utilities, other
competitive providers, or other persons for customer billing and collection
under the following conditions:
(a) The
telecommunications utility, other competitive provider, or other person, in
billing for the competitive provider, must include on the bill the name of a
company with the information and authority to provide information and resolve
disputes about billing entries, a toll-free number to reach that company, and
details of the services and charges billed;
(b) The telecommunications utility may not
deny telecommunications service to customers for failure to pay charges for
competitive provider services or unregulated utility services.
(9) The certificate holder must
comply with Commission rules and orders applicable to the certificate holder.
(10) The certificate holder may
not take any action that impairs the ability of other certified
telecommunications providers to meet service standards specified by the
Commission;
(11) The certificate
holder must respond in a timely manner to Commission inquiries.
(12) The certificate holder must submit
required reports in a timely manner.
(13) The certificate holder must notify the
Commission of changes to the certificate holder's name, address, or telephone
numbers within ten days of such change.
(14) Telecommunications providers must meet
service standards set forth in applicable Commission's rules, including OAR
860-032-0012.
(15) The certificate
holder must timely pay all Commission taxes, fees, or assessments adopted
pursuant to Oregon law or Commission rules, orders, tariffs or price
lists.
(16) Except as otherwise
allowed under state or federal law, the certificate holder must not block,
choke, reduce or restrict intrastate traffic in any way.
(17) The certificate holder must take
reasonable steps to ensure that it does not adopt or perpetuate routing
practices that, except as otherwise allowed under state or federal law, result
in lower quality service to an exchange with higher terminating access rates
than like service to an exchange with lower terminating access rates.
(a) Reasonable steps include:
(A) Not engaging in deceptive or misleading
practices including but not limited to informing a caller that a number is not
reachable or is out of service when the number is in fact reachable and in
service.
(B) Ensuring that the
actions of any underlying carrier, if that underlying carrier is an agent,
contractor or subcontractor of or employed by the certificate holder and acting
within the scope of the person's employment, used to deliver traffic on behalf
of the certificate holder would not put the certificate holder in violation of
any Commission rule.
(b)
The certificate holder is liable for the actions of an underlying carrier used
to deliver traffic on behalf of the certificate holder, if that underlying
carrier is an agent, contractor or subcontractor of or employed by the
certificate holder and acting within the scope of the person's employment and
the certificate holder knew or should have known of the underlying carrier's
actions and engages in acts or omissions that effectively allow those actions
to persist.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
756.040,
759.020,
759.036,
759.050,
759.225,
759.450 &
759.690
