71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
 
                            Enrolled
 
                         House Bill 2105
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor John A. Kitzhaber,
  M.D., for Public Utility Commission)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to telephone service; creating new provisions; and
  amending sections 7 and 16, chapter 290, Oregon Laws 1987.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. Section 16, chapter 290, Oregon Laws 1987, as
amended by section 4, chapter 622, Oregon Laws 1991, and section
1, chapter 481, Oregon Laws 1997, is amended to read:
   { +  Sec. 16. + } Chapter 290, Oregon Laws 1987, is repealed
January 1,   { - 2002 - }  { +  2010 + }.
  SECTION 2. Section 7, chapter 290, Oregon Laws 1987, as amended
by section 2, chapter 622, Oregon Laws 1991, section 8, chapter
872, Oregon Laws 1991, section 1, chapter 231, Oregon Laws 1993,
section 387, chapter 79, Oregon Laws 1995, and section 1, chapter
451, Oregon Laws 1995, is amended to read:
   { +  Sec. 7. + } (1) In order to fund the programs provided in
sections 2 to 6 and 9 to 14, chapter 290, Oregon Laws 1987, the
Public Utility Commission shall develop and implement a system
for assessing a surcharge in an amount not to exceed 35 { +
 + }cents per month against each paying retail subscriber who has
telecommunications service with access to the telecommunications
relay service. The surcharge shall be applied on a
telecommunications circuit designated for a particular
subscriber.  One subscriber line shall be counted for each
circuit that is capable of generating usage on the line side of
the switched network regardless of the quantity of customer
premise equipment connected to each circuit. For providers of
central office based services, the surcharge shall be applied to
each line that has unrestricted connection to the
telecommunications relay service.  These central office based
service lines that have restricted access to the
telecommunications relay service shall be charged based on
software design. For cellular, wireless or other radio common
carriers, the surcharge shall be applied on a per instrument
basis { + , but applies only to subscribers whose place of
primary use, as defined and determined under 4 U.S.C. 116 to 126,
is within this state + }.
  (2) The surcharge imposed by subsection (1) of this section
does not apply to:
  (a) Services upon which the state is prohibited from imposing
the surcharge by the Constitution or laws of the United States or
the Constitution or laws of the State of Oregon.
 
 
Enrolled House Bill 2105 (HB 2105-A)                       Page 1
 
 
 
  (b) Interconnection between telecommunications utilities,
telecommunications cooperatives, competitive telecommunications
services providers certified pursuant to ORS 759.020, radio
common carriers and interexchange carriers.
  (3) The commission annually shall review the surcharge and the
balance in the Residential Service Protection Fund and may make
adjustments to the amount of the surcharge to ensure that the
fund has adequate resources but that the fund balance does not
exceed six months of projected expenses.
  (4) Moneys collected pursuant to the surcharge shall not be
considered in any proceeding to establish rates for
telecommunication service.
  (5) The commission shall direct telecommunications public
utilities to identify separately in bills to customers for
service the surcharge imposed pursuant to this section.
  SECTION 3.  { + The amendments to section 7, chapter 290,
Oregon Laws 1987, by section 2 of this 2001 Act apply only to
customer bills issued on or after August 1, 2002. + }
                         ----------
 
 
Passed by House February 21, 2001
 
Repassed by House May 23, 2001
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate May 21, 2001
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2105 (HB 2105-A)                       Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2001
 
Approved:
 
......M.,............., 2001
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2001
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2105 (HB 2105-A)                       Page 3