Current through Register Vol. 63, No. 9, September 1, 2024
(1) For
the purpose of this rule:
(a) "Abandon" means
to discontinue or cease providing.
(b) "Commission" means the Public Utility
Commission of Oregon.
(c) "Exiting
provider" means a telecommunications provider, which intends to abandon a
telecommunications service.
(d)
"Grandfather" means to discontinue or cease offering a service to new customers
and to continue offering the service to existing customers.
(e) "Oregon Emergency Management" means the
Technology and Operations Section, Oregon Emergency Management, Department of
State Police, in Salem, Oregon.
(f)
"Receiving provider" means a telecommunications provider, which receives or
acquires customers for a service being abandoned by an exiting provider. A
receiving provider may be a telecommunications utility, a telecommunications
cooperative, or a competitive provider.
(g) "Receiving telecommunications utility"
means a telecommunications utility, which is a receiving provider.
(h) "Receiving competitive provider" means a
competitive provider, which is a receiving provider.
(i) "Regulated service" means a
telecommunications service provided by a telecommunications utility which is
not an exempt service as defined in OAR 860-032-0001.
(j) "Starting date" means the day a
telecommunications utility may lawfully disconnect service to an exiting
provider or the date a telecommunications utility knows that an exiting
provider ceases providing service, whichever comes first.
(k) "Sunset date" means the day a
telecommunications provider will abandon a grandfathered service being provided
to existing customers.
(l) "Through
service" has the same meaning as in OARs 860-022-0003 and
860-034-0015.
(2) Except
as specified in section (3) of this rule, this rule applies:
(a) When a telecommunications utility or
competitive provider abandons any intrastate telecommunications service;
and
(b) When a telecommunications
cooperative abandons any through service.
(3) This rule does not apply:
(a) When a telecommunications utility or
cooperative transfers control of its operations, for any or all of its service
area in Oregon, to another telecommunications utility or cooperative, under ORS
759.375 to
759.390 or
759.500 to
759.570;
(b) When a telecommunications provider
replaces a telecommunications service with a substantially similar service;
and
(c) When a telecommunications
provider disconnects service to an individual customer at the customer's
request or for cause, including non-payment.
(4) This rule does not relieve
telecommunications providers of any requirements imposed by the Federal
Communications Commission (FCC), including FCC anti-slamming rules and 47 Code
of Federal Regulations, Section 63.71.
(5) Notifications required by this rule shall
include the following at a minimum:
(a) Name
of the exiting provider;
(b)
Address and telephone number where the public, customers, Commission staff, and
affected telecommunications providers may contact the exiting provider for
information regarding the abandonment;
(c) Description of telecommunications
services to be abandoned;
(d)
Identification of geographic areas where the services will be
abandoned;
(e) Date the service(s)
will be abandoned;
(f) If
applicable, a statement whether customers of the services(s) to be abandoned
will be converted to different service(s) offered by the exiting provider, and
if so, what customers must do to be converted to the different
service(s);
(g) If applicable, a
statement that all customers will be automatically transferred to a specified
receiving provider unless they disconnect or obtain service from another
provider. The exiting provider must identify the receiving provider to which
customers will be transferred;
(h)
If the exiting provider intends to transfer customers to a specified receiving
competitive provider and the receiving competitive provider will not accept all
customers, a statement that customers may or will lose their service unless
they obtain services from a provider of their choice. The exiting provider must
provide reasonable means for each customer to determine whether he or she will
be accepted by the receiving competitive provider;
(i) If applicable, a statement that service
will be abandoned and that customers must obtain the service(s) to be abandoned
from another provider;
(j) An
explanation of how customers may receive a refund of payments or deposits for
service they will not receive because of the abandonment; and
(k) An electronic document containing the
notice in a format suitable for posting on the Commission website. The
Commission will post such notification within two business days of receipt from
the exiting carrier.
(6)
In addition to other notifications required by this rule, the following
notifications are also required at the same time the exiting provider files
notice with the Commission. Notifications here required shall include the
information required by section (5) of this rule plus the information specified
in subsections (6)(a) or (6)(b) of this rule.
(a) An exiting provider that intends to
abandon any service which allows access to the emergency 9-1-1 reporting system
shall:
(A) Mail notification to Oregon
Emergency Management, which notification shall include the number of customers
affected by the proposed abandonment of service;
(B) Provide access to its customer records in
the Enhanced 9-1-1 database(s), so that other telecommunications providers can
update those customer records; and
(C) Send a letter to the appropriate Enhanced
9-1-1 database provider(s), with copies to the incumbent local exchange
carrier(s), the Commission and Oregon Emergency Management, authorizing the
Enhanced 9-1-1 database provider(s) to allow access by other telecommunications
providers to any remaining Enhanced 9-1-1 database records belonging to the
exiting provider, after the exiting provider has abandoned the
service.
(b) An exiting
provider that intends to abandon service so that it will no longer use a
central office code or a thousands block of numbers (i.e., an NXX or an NXX-X)
shall notify the North American Numbering Plan Administrator and the national
administrator of the Local Exchange Routing Guide.
(7) A telecommunications utility that intends
to abandon any regulated service, whether throughout its service territory or
in limited geographic areas, for which there are current customers, shall:
(a) Petition the Commission for authority to
abandon the service. The petition shall be filed at least 90 days before the
telecommunications utility intends to abandon the service. If the Commission
does not deny the petition or set it for hearing within 90 days after receiving
the petition, it shall be deemed approved;
(b) Mail a notification to each affected
customer and to each telecommunication provider affected by the proposed
abandonment at the same time it files the petition with the Commission. The
notification shall include the information required by section (5) of this
rule. In addition, the notification shall include a statement that upon request
from affected customers or providers the Commission may, but is not required
to, deny the petition or set it for hearing;
(c) File with the Commission a copy of the
notification at the same time it mails the notification and files the petition.
In addition, the telecommunications utility shall inform the Commission of the
number of customers and the number of other providers affected by the proposed
abandonment;
(d) Demonstrate that
the abandonment will not deprive the public of necessary telecommunications
services. The telecommunications utility shall reinstate service at the
Commission's request to prevent the public from being deprived of necessary
services; and
(e) Obtain Commission
approval before transferring customers to other telecommunications providers.
If the telecommunications utility seeks such approval, it shall include in the
petition to abandon service a request for approval to automatically transfer
customers.
(8) A
telecommunications utility may request to abandon a regulated service for which
there are no current customers by filing a tariff change which deletes the
regulated service along with a cover letter or advice letter which clearly and
explicitly discloses which regulated service the telecommunications utility
proposes to abandon.
(9) A
telecommunications utility that intends to abandon any exempt service, whether
throughout its service territory or in limited geographic areas, for which
there are current customers, shall comply with the following:
(a) At least 90 days before abandoning the
service the telecommunications utility shall mail to each affected customer and
to each telecommunication provider affected by the proposed abandonment, a
notification of its intent to abandon the service. The notification shall
include information required by section (5) of this rule;
(b) At the time the telecommunication utility
mails notification to affected customers, it shall file a copy of the
notification with the Commission. In addition, the telecommunications utility
shall inform the Commission of the number of customers and the number of other
providers affected by the proposed abandonment; and
(c) The telecommunications utility may, after
complying with subsections (9)(a) and (9)(b) of this rule and subject to
section (12) of this rule, transfer customers of its exempt service to another
telecommunications provider, including an affiliated provider, without
requiring affirmative approval from affected customers.
(10) A telecommunications cooperative that
intends to abandon any through service, whether throughout its service
territory or in limited geographic areas, shall:
(a) Petition the Commission for authority to
abandon the service. The petition shall be filed at least 90 days before the
telecommunications cooperative intends to abandon the service. If the
Commission does not deny the petition or set it for hearing within 90 days
after receiving the petition, it shall be deemed approved;
(b) Mail a notification to each affected
customer and to each telecommunication provider affected by the proposed
abandonment at the same time it files the petition with the Commission. The
notification shall include the information required by section (5) of this
rule. In addition, the notification shall include a statement that upon request
from affected customers or providers the Commission may, but is not required
to, deny the petition or set it for hearing;
(c) File with the Commission a copy of the
notification at the same time it mails the notification and files the petition.
In addition, the telecommunications cooperative shall inform the Commission of
the number of customers and the number of other providers affected by the
proposed abandonment;
(d)
Demonstrate that the abandonment will not deprive customers of necessary
telecommunications services. The telecommunications cooperative shall reinstate
service at the Commission's request to prevent customers from being deprived of
necessary services; and
(e) Obtain
Commission approval before transferring customers to other telecommunications
providers. If the telecommunications cooperative seeks such approval, it shall
include in the petition to abandon service a request for approval to
automatically transfer customers.
(11) A competitive provider that intends to
abandon any or all services, whether throughout its service territory or in
limited geographic areas, for which there are current customers, shall comply
with the following:
(a) At least 90 days
before abandoning service the competitive provider shall mail to each affected
customer, and to each telecommunications provider affected by the proposed
abandonment, a notification of its intent to abandon the service(s). The
notification shall include information required by section (5) of this rule;
(b) At the time it mails
notification to affected customers, the competitive provider shall file a copy
of the notification with the Commission. In addition, the competitive provider
shall inform the Commission of the number of customers and the number of other
providers affected by the proposed abandonment; and
(c) The competitive provider may, after
complying with subsections (11)(a) and (11)(b) of this rule and subject to
sections (12) and (13) of this rule, transfer customers to another
telecommunications provider, including an affiliated company, without requiring
affirmative approval from affected customers.
(12) Notwithstanding OAR 860-021-0009 or
860-034-0030, an exiting provider may transfer customers of an abandoned
service to a receiving telecommunications utility without the customers
applying to the receiving telecommunications utility for service only under all
the conditions listed below. The exiting provider may be an affiliate of the
receiving telecommunications utility:
(a) The
receiving telecommunications utility must enter into a written agreement with
the exiting provider to accept all the exiting provider's customers with
service locations within the receiving telecommunications utility's local
exchange service area;
(b) The
exiting provider must provide at least a 90 day notice to its customers that it
intends to abandon service, as provided in section (11) of this rule;
(c) The notice must comply with section (5),
including subsection (5)(g), of this rule to ensure that:
(A) Customers are notified that they may
apply to another telecommunications provider for the service which is being
abandoned; and
(B) Customers are
notified that if they do not act to obtain service from another
telecommunications provider, then the exiting provider will automatically
transfer them to the receiving telecommunications utility for the service which
is being abandoned.
(d)
Customers may be automatically transferred to a receiving telecommunications
utility only if their service location is within that utility's local exchange
service area;
(e) The receiving
telecommunications utility shall accept all customers of the exiting provider
who are automatically transferred and shall provide to those customers the
service being abandoned; and
(f)
After the transferred customers become customers of the receiving
telecommunications utility, they shall be treated equally as similarly situated
customers.
(13) When an
exiting provider fails to provide to its customers adequate notice that it
intends to abandon service, as provided in section (11) of this rule, and when
the exiting provider is either reselling finished, regulated, intraexchange
services of a telecommunications utility, or the exiting provider is selling
combinations of unbundled network elements equivalent to a finished, regulated,
intraexchange service furnished by the telecommunications utility, the
following conditions apply:
(a)
Notwithstanding OAR 860-021-0009 or 860-034-0030, the underlying
telecommunications utility may, at its option, continue providing service to
the exiting provider's customers, for not more than 45 calendar days from the
starting date, without those customers first applying for service from the
telecommunications utility. For purposes of this section (13) of this rule,
those customers shall be defined as potential applicants for service from the
telecommunications utility; and
(b)
If the telecommunications utility chooses to continue service to the potential
applicants, the following apply:
(A) The
telecommunications utility shall apply the same procedures to all potential
applicants;
(B) The
telecommunications utility shall accept and process applications pursuant to
administrative rules in chapter 860, division 021 or chapter 860, division
034;
(C) If an application is
accepted, then the telecommunications utility may charge the applicant, who is
now a customer of the telecommunications utility, for service provided as of
the starting date;
(D) If an
application is rejected, then the telecommunications utility shall disconnect
the applicant's service; and
(E) If
a potential applicant does not apply for service within 45 days from the
starting date, then telecommunications utility shall disconnect service
immediately. For good and sufficient reason, the Commission may grant the
telecommunications utility an extension of this time period.
(14) If an exiting
provider abandons service, with or without adequate notice to its customers, a
telecommunications utility or a competitive provider may not have resources or
facilities in place sufficient to accept and serve all customers whose service
is being abandoned. Upon application from those customers for service, the
telecommunications utility shall provide service to them as soon as possible.
However, under the circumstances described in this section (14) of this rule,
the Commission's intent is that a telecommunications utility or competitive
provider not be penalized for failing to meet the applicable standards for held
orders set forth in OARs 860-023-0055, 860-032-0012, or 860-034-0390.
Therefore, in cases where an exiting provider abandons service, the
telecommunications provider that intends to provide service may petition the
Commission for relief from requirements of applicable Commission
rules.
(15) The following
provisions apply when a telecommunications utility grandfathers a regulated
service or a telecommunications cooperative grandfathers a through service:
(a) Grandfathering a service without a sunset
date is not considered abandonment of service.
(b) If a telecommunications utility intends
to grandfather a regulated service, without a sunset date, whether throughout
its service territory or in limited geographic areas, it shall file a tariff
which designates the service as grandfathered. Normal tariff filing and review
requirements applicable to the telecommunications utility and the grandfathered
service apply.
(c) When a
telecommunications utility intends to grandfather any regulated or exempt
service, with a sunset date, whether throughout its service territory or in
limited geographic areas, that grandfathering shall be considered abandonment
of service subject to this rule.
(d) If a telecommunications cooperative
intends to grandfather a through service, without a sunset date, whether
throughout its service territory or in limited geographic areas, it shall
petition the Commission for authority to grandfather the through service. If
the Commission does not deny the petition or set it for hearing within 60 days
after receiving the petition, it shall be deemed approved.
(e) When a telecommunications cooperative
intends to grandfather a through service, with a sunset date, whether
throughout its service territory or in limited geographic areas, then that
grandfathering shall be considered abandonment of service subject to this
rule.
(16) For good and
sufficient reason, the Commission may grant a petition to waive any time period
or requirement in this rule.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
756.040,
759.020,
759.035&
759.050
