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 311
 
                           A-Engrossed
 
                         House Bill 2557
                Ordered by the House February 21
          Including House Amendments dated February 21
 
Sponsored by Representative BUTLER
 
 
                             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.
 
    { - Increases number of access lines that may be served by a
telecommunications utility without being subject to certain
telecommunications regulations. Provides method for Public
Utility Commission to report violations of telecommunications
service quality standards. Requires persons providing
telecommunications services and radio common carriers to report
certain information to commission. - }
   { +  Exempts telecommunications utilities that serve fewer
than 50,000 access lines from minimum service quality standards
for carrier inquiry response time. + }
 
                        A BILL FOR AN ACT
Relating to telecommunications regulation; amending ORS 759.450.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 759.450 is amended to read:
  759.450. (1) It is the intent of the Legislative Assembly that
every telecommunications carrier and those telecommunications
utilities and competitive telecommunications providers that
provide wholesale services meet minimum service quality standards
on a nondiscriminatory basis.
  (2) The Public Utility Commission shall determine minimum
service quality standards that relate to the provision of retail
telecommunications services to ensure safe and adequate service.
Except as provided in   { - subsection (8) - }   { + subsections
(8) and (9) + } of this section, minimum service quality
standards adopted under this section shall apply to all
telecommunications carriers. The commission by rule shall review
and revise the minimum service quality standards as necessary to
ensure safe and adequate retail telecommunications services.
  (3) The minimum service quality standards for providing retail
telecommunications services adopted by the commission shall
relate directly to specific customer impact indices including but
not limited to held orders, trouble reports, repair intervals and
carrier inquiry response times. In adopting minimum service
quality standards, the commission shall, for each standard
adopted, consider the following:
  (a) General industry practice and achievement;
  (b) National data for similar standards;
  (c) Normal operating conditions;
  (d) The historic purpose for which the telecommunications
network was constructed;
  (e) Technological improvements and trends; and
  (f) Other factors as determined by the commission.
  (4) Consistent with the federal Telecommunications Act of 1996
(Public Law 104-104), as amended and in effect on September 1,
1999, the commission may establish minimum service quality
standards related to providing wholesale, interconnection,
transport and termination services provided by a
telecommunications carrier and those telecommunications utilities
and competitive telecommunications providers that provide
wholesale telecommunications services.
  (5) The commission shall require a telecommunications carrier,
telecommunications utility or competitive telecommunications
provider that is not meeting the minimum service quality
standards to submit a plan for improving performance to meet the
standards. The commission shall review and approve or disapprove
the plan. If the carrier, utility or provider does not meet the
goals of its improvement plan within six months or if the plan is
disapproved by the commission, penalties may be assessed against
the carrier, utility or provider on the basis of the carrier's,
utility's or provider's service quality measured against the
minimum service quality standards and, if assessed, shall be
assessed according to the provisions of ORS 759.990.
  (6) Prior to commencing an action under this section and ORS
759.990, the commission shall allow a telecommunications carrier,
telecommunications utility or competitive telecommunications
provider an opportunity to demonstrate that a violation of a
minimum service quality standard is the result of the failure of
a person providing telecommunications interconnection service to
meet the person's interconnection obligations.
  (7) Total annual penalties imposed on a telecommunications
utility under this section shall not exceed two percent of the
utility's gross intrastate revenue from the sale of
telecommunications services for the calendar year preceding the
year in which the penalties are assessed. Total annual penalties
imposed on a competitive telecommunications provider under this
section shall not exceed two percent of the provider's gross
revenue from the sale of telecommunications services in this
state for the calendar year preceding the year in which the
penalties are imposed.
  (8) The provisions of this section do not apply to:
  (a) Radio communications service, radio paging service,
commercial mobile radio service, personal communications service
or cellular communications service; or
  (b) A cooperative corporation organized under ORS chapter 62
that provides telecommunications services.
   { +  (9) Telecommunications utilities and groups of affiliated
telecommunications utilities that serve fewer than 50,000 access
lines in Oregon are exempt from any minimum service quality
standard adopted under this section that would require the
utility or group to measure carrier inquiry response time. + }
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