Current through Register Vol. 63, No. 12, December 1, 2024
(1) As used in this rule:
(a) "Convert," "converting," or "conversion"
means the removal of overhead communication facilities and the replacement of
those facilities with underground communication facilities at the same or
different locations.
(b)
"Conversion cost" means the difference in cost between constructing an
underground system and retaining the existing overhead system. This difference
is equal to the cost of all necessary excavating, road crossings, trenching,
backfilling, raceways, ducts, vaults, transformer pads, other devices peculiar
to underground service, and "overhead retirement costs." However, if the
conversion is required in conjunction with a public project which would
necessitate the relocation of the company's facilities at the company's
expense, "conversion costs" shall not include any "overhead retirement
costs."
(c) "Communication
facilities" means any works or improvements used or useful in providing
communication service, including but not limited to poles, supports, tunnels,
manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms,
crossarms, braces, transformers, insulators, cutouts, switches, capacitors,
meters, communication circuits, appliances, attachments and appurtenances, and
all related facilities required for the acceptance of communication services.
However, "Communication facilities" excludes facilities used or intended to be
used for the transmission of intelligence by microwave or radio, apparatus
cabinets or outdoor public telephones; or facilities owned or used by or
provided for a railroad or pipeline and located upon or above the right-of-way
of the railroad or pipeline.
(d)
"Company," as used in this rule, means a small telecommunications utility or
Type 2 cooperative, as defined in OAR 860-034-0010.
(e) "Local government" includes cities;
counties; authorities and agencies created pursuant to ORS Chapters 456 and
457; special districts of the type described in ORS
198.010 and
198.180; and all other political
subdivisions of Oregon.
(f)
"Overhead communication facilities" means communication facilities located
above the surface of the ground.
(g) "Overhead retirement cost" means the
original cost, less depreciation, less salvage value, plus removal costs, of
existing overhead distribution facilities no longer used or useful by reason of
the conversion.
(h) "Underground
communication facilities" means communication facilities located below the
surface of the ground exclusive of those facilities such as service terminals,
pedestal terminals, splice closures, apparatus cabinets and similar facilities
which normally are above the surface in areas where company facilities are
underground in accordance with standard underground practices.
(2) This rule does not apply if
the total conversion cost incurred by the company during one calendar year does
not exceed five-one hundredths of 1 percent (.05 percent) of the company's
annual revenues derived from customers residing within the boundaries of the
local government.
(3) When a local
government requires a company to convert communications facilities at the
company's expense:
(a) A small
telecommunications utility shall collect the conversion costs from customers
located within the boundaries of the local government.
(b) A Type 2 cooperative may not collect the
conversion costs from customer located outside the boundaries of the local
government for purposes of joint rates and through services.
(4) The local government may
direct the company to collect conversion costs from only a portion of the
customers located within the boundaries of the local government.
(5) Conversion costs incurred by the small
telecommunications utility shall be accumulated in a separate account in the
small telecommunications utility's books. Interest shall accrue from the date
the small telecommunications utility incurs the cost. The rate of such interest
shall be equal to the effective cost of the senior security issue which most
recently preceded the incurrence of the cost.
(6) The small telecommunications utility
shall collect the conversion costs and interest over a reasonable period of
time subject to approval by the Commission. However, the pay-back period shall
not exceed the depreciable life of the new facilities. Collection shall begin
as soon as practical after the end of the year in which the conversion costs
are incurred.
(7) The conversion
cost to be recovered from each customer of a small telecommunications utility
shall be calculated by applying a uniform percentage to each customer's total
monthly bill for service rendered within the boundaries of the local
government. The amount collected shall be separately stated and identified on
each bill.
(8) This rule applies to
conversions upon which construction is commenced on or after August 13,
1984.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
759.045
