71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2445
 
                         House Bill 2535
 
Sponsored by Representative WITT
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Prohibits Public Utility Commission from requiring costs or
revenues associated with telecommunications utility's unregulated
advertising or directories to be allocated to subsidize
telecommunications services. Restricts factors that may be
considered by commission in deciding whether certain
telecommunications services are subject to regulation by
commission.
 
                        A BILL FOR AN ACT
Relating to telecommunications utilities; amending ORS 759.030.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 759.030 is amended to read:
  759.030. (1) Except as otherwise provided in this section, the
Public Utility Commission shall have authority to determine the
manner and extent of regulation of telecommunications services
within the State of Oregon.
  (2) Upon petition by any interested party and following notice
and investigation, the commission may exempt in whole or in part
from regulation those telecommunications services for which the
commission finds that price or service competition exists, or
that such services can be demonstrated by the petitioner or the
commission to be subject to competition, or that the public
interest no longer requires full regulation thereof. The
commission may attach reasonable conditions to such exemption and
may amend or revoke any such order as provided in ORS 756.568.
  (3) Upon petition by any telecommunications utility, and after
notice and hearing, the commission shall exempt a
telecommunications service from regulation under the following
conditions:
  (a) Price and service competition exist.
  (b) A service which is deregulated under this subsection may be
regulated, after notice and hearing, if the commission determines
an essential finding on which the deregulation was based no
longer prevails, and reregulation is necessary to protect the
public interest.
  (4) Prior to making the findings required by subsections (2)
and (3) of this section, the commission shall consider:
  (a) The extent to which services are available from alternative
providers in the relevant market.
 
 
  (b) The extent to which the services of alternative providers
are functionally equivalent or substitutable at comparable rates,
terms and conditions.
  (c) Existing economic or regulatory barriers to entry.
    { - (d) Any other factors deemed relevant by the
commission. - }
  (5)   { - No - }   { + A + } telecommunications utility may
 { + not + } use revenues earned from or allocate expenses to
that portion of its business which is regulated under this
chapter to subsidize activities which are not regulated under
this chapter  { - ; - }  { + , + } nor shall the commission
require revenues or expenses from any activity  { + or affiliate
of the utility + } not regulated under this chapter to be
attributed to the regulated activities of a telecommunications
utility. However, this subsection shall not be interpreted to
affect any appropriate subsidy determined by the commission under
subsection (9) of this section.
  (6) If the commission determines that a product or service
offered by a telecommunications utility as part of local exchange
telecommunications services can be demonstrated by the utility to
be subject to competition, or if a product or service is not an
essential product or service, the commission may authorize the
utility to file a price list, which shall contain the
description, terms, conditions and prices of such services or
products. No other schedule for price listed services need be
filed with the commission. The price list or any revision thereof
is not subject to the provisions of ORS 759.180 to 759.190 and
shall become effective immediately on filing with the commission
unless a later date is specified. In making the determination of
whether a product or service is subject to competition, the
commission shall consider:
  (a) The extent to which services are available from alternative
providers in the relevant market.
  (b) The extent to which services of alternative providers are
functionally equivalent or substitutable at comparable rates,
terms and conditions.
  (c) Existing economic or regulatory barriers to entry.
    { - (d) Any other factors deemed relevant by the
commission. - }
  (7) Within 60 days of a filing under subsection (2), (3) or (6)
of this section, the commission shall either determine the
appropriateness of the filing or determine that further
investigation is necessary. If the commission determines that
further investigation is necessary, the commission may suspend
operation of the filing for a period not longer than five months
from the end of the initial 60-day period. Upon a showing of good
cause, any party may request extension of the suspension period
for an additional three months.
  (8) If the commission determines that a product or service
offered by a telecommunications utility as part of interexchange
telecommunications services can be demonstrated by the utility to
be subject to competition, the commission, under such conditions
as it determines are reasonable, may authorize the utility to
file a price list, which shall contain the description, terms,
conditions and prices of such services or products. No other
schedule for price listed services need be filed with the
commission. The price list or any revision thereof is not subject
to the provisions of ORS 757.210 to 757.220 and shall become
effective immediately on filing with the commission unless a
later date is specified. In making the determination of whether a
product or service is subject to competition, the commission
shall consider:
  (a) The extent to which services are available from alternative
providers in the relevant market.
 
 
  (b) The extent to which services of alternative providers are
functionally equivalent or substitutable at comparable rates,
terms and conditions.
  (c) Existing economic or regulatory barriers to entry.
    { - (d) Any other factors deemed relevant by the
commission. - }
  (9) The commission is authorized to determine whether and to
what extent a telecommunications service provided by a
telecommunications utility within the State of Oregon should be
subsidized in order for telecommunications services to be
available at reasonable rates. If any subsidy is found to be
required, the commission shall undertake an investigation and
determine, after hearings, the revenue source or sources of a
fund necessary to provide the subsidy and the manner of
collection and distribution of the fund. { +  However, the
commission may not require revenues or expenses from any activity
associated with a telecommunications utility's classified
advertising or directories not regulated under this chapter to be
allocated to the regulated activities of the utility. + }
  (10) If the commission finds upon notice and investigation that
customers of shared telecommunications services have no
alternative access to local exchange telecommunications services,
the shared telecommunications service provider may be required to
make alternative facilities or conduit space available on
reasonable terms and conditions at reasonable prices.
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