Chapter 204 Oregon Laws 2005
AN ACT
SB 983
Relating to communication services; and declaring an emergency.
Be It Enacted by the People of the State of
Oregon:
SECTION 1. Section 2 of this 2005 Act is added to and made a part of sections 2 to 6, chapter 290, Oregon Laws 1987.
SECTION
2. (1) In carrying out the
provisions of section 2, chapter 290, Oregon Laws 1987, the Public Utility
Commission shall adopt rules to prohibit the termination of local exchange
residential service if the termination would significantly endanger a customer,
or a person in the household of the customer, who is:
(a)
At risk of domestic violence, as defined in ORS 135.230;
(b)
At risk of unwanted sexual contact, as defined in ORS 163.305;
(c)
A person with disabilities, as defined in ORS 124.005, who is at risk of abuse,
as defined in ORS 124.005 (1)(a), (d) or (e);
(d)
An elderly person, as defined in ORS 124.005, who is at risk of abuse, as
defined in ORS 124.005 (1)(a), (d) or (e); or
(e)
A victim of stalking, as described in ORS 163.732.
(2)
A customer may establish that termination of local exchange residential service
would significantly endanger the customer, or a person in the household of the
customer, by providing a telecommunications public utility with an affidavit
signed by the customer stating that termination would place the customer, or a
person in the household of the customer, at significant risk of domestic
violence, as defined in ORS 135.230, or of unwanted sexual contact, as defined
in ORS 163.305. The customer must attach to the affidavit a copy of an order
issued under ORS 30.866, 107.700 to 107.732, 124.005 to 124.040 or 163.738 that
restrains another person from contact with the customer, or a person in the
household of the customer, or a copy of any other court order that restrains
another person from contact with the customer, or a person in the household of
the customer, by reason of a risk described in subsection (1) of this section
or by reason of stalking.
(3)
The commission shall require that each telecommunications public utility
establish procedures for submitting and receiving affidavits under subsection
(2) of this section.
(4)
This section does not apply to termination of any telecommunication service
other than local exchange residential service.
(5)
A customer submitting an affidavit as provided by subsection (2) of this
section is not excused from paying for telecommunication service. Customers are
required to enter into a reasonable payment agreement with the
telecommunications public utility if an overdue balance exists. Local exchange
residential service may be terminated if a customer refuses to enter into or
fails to abide by the terms of a reasonable payment agreement.
(6) Nothing in this section prevents the termination of local exchange residential service if the telecommunications public utility providing the service does not have the technical ability to terminate toll telecommunication service without also terminating local exchange residential service.
SECTION 3. This 2005 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2005 Act takes effect September 1, 2005.
Approved by the Governor June 9, 2005
Filed in the office of Secretary of State June 9, 2005
Effective date September 1, 2005
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