Current through Register Vol. 63, No. 9, September 1, 2024
(1) On statement
forms prescribed by the Commission, each competitive provider must provide the
requested information for the subject year.
(2) Each competitive provider must pay to the
Commission:
(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 three
tenths of one percent (0.3 percent) 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 860-011-0110, if the Commission has not received the competitive provider'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 860-011-0110 for each payment returned for non-sufficient funds.
(e) All costs incurred by the
Commission to collect a past-due annual fee from the competitive provider.
(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 competitive
provider must:
(a) Collect the annual fee by
charging an equitable amount to each retail customer, using apportionment
methods that are consistently applied by the competitive provider through
Oregon, and
(b) Describe the
amount of the apportioned charge upon each retail customer's bill.
(5) Each competitive provider
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. A competitive provider must keep all records supporting
each statement form for three (3) years, or until a Commission review or audit
is complete, whichever is later.
(6) For any year in which a competitive
provider's statement form was due, the Commission may audit the competitive
provider as the Commission deems necessary and practicable:
(a) The Commission's audit must begin no
later than three years after the statement form's due date. However, if the
competitive provider failed to obtain a certificate of authority, an audit may
occur at any time.
(b) If the
Commission determines that the competitive provider 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
competitive provider has overpaid its annual fee, the Commission may, at is
discretion, recompense the competitive provider with a refund or a credit
against annual fees subsequently due.
(7) 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.
(8) A cooperative that is a
competitive provider must pay an annual fee only on the gross retail intrastate
revenue from telecommunications services that are provided under the
cooperative's ORS 759.020 certificate of
authority. A cooperative should not pay an annual fee on revenue from
telecommunications services that are provided under the cooperative's
759.025 certificate of
authority.
Stat. Auth.: ORS 183, 192, 756 & 759
Stats. Implemented: ORS
756.310,
756.320 &
756.350
