Chapter 825
AN ACT
SB 982
Relating to telecommunications; amending ORS
759.005 and 759.500.
Be It Enacted by the People of
the State of
SECTION 1. ORS 759.005 is amended to read:
759.005. [(1)(a) As used in this chapter, except as
provided in paragraph (b) of this subsection, “telecommunications utility”
means:]
[(A) Any corporation, company, individual, association of individuals,
or its lessees, trustees or receivers, that owns, operates, manages or controls
all or a part of any plant or equipment in this state for the provision of
telecommunications service, directly or indirectly to or for the public,
whether or not the plant or equipment, or any portion of the plant or
equipment, is wholly within any town or city.]
[(B) Any corporation, company, individual or association of individuals
that is party to an oral or written agreement for the payment by a
telecommunications utility, for service, managerial construction, engineering
or financing fees, and having an affiliated interest with the
telecommunications utility.]
[(b) As used in this chapter, “telecommunications
utility” does not include:]
[(A) Any plant owned or operated by a municipality.]
[(B) Any corporation not providing intrastate telecommunications service
to the public in this state, whether or not the corporation has an office in
this state or has an affiliated interest with a
telecommunications utility as defined in this chapter.]
[(C) Any person acting only as a competitive
telecommunications provider.]
[(D) Any corporation, company, individual or association of individuals
providing only telephone customer premises equipment to the public.]
[(2)] As used in this chapter:
[(a)] (1) “Competitive telecommunications provider” means a
telecommunications services provider that has been classified as a competitive
telecommunications provider by the Public Utility Commission pursuant to ORS
759.020.
[(b)] (2) “Intrastate telecommunications service” means any
telecommunications service in which the information transmitted originates and
terminates within the boundaries of the State of
[(c)] (3) “Local exchange telecommunications service” means
telecommunications service provided within the boundaries of exchange maps
filed with and approved by the commission.
[(d)] (4) “Private telecommunications network” means a system
for the provision of telecommunications service or any portion of
telecommunications service, including the construction, maintenance or
operation of the system, by a person for the exclusive use of that person and
not for resale, directly or indirectly.
[(e)] (5) “Radio common carrier” means any corporation,
company, association, joint stock association, partnership and person, their
lessees, trustees or receivers and any town making available facilities to
provide radio communications service, radio paging or cellular communications
service for hire.
[(f)] (6) “Shared telecommunications service” means the
provision of telecommunications and information management services and
equipment to a user group located in discrete premises in building complexes,
campuses or high-rise buildings, by a commercial shared services provider or by
a users’ association, through privately owned customer premises equipment and
associated data processing and information management services and includes the
provision of connections to local exchange telecommunications service.
(7) “Telecommunications”
means the transmission of information chosen by a person, between or among
points specified by the person, without change in the form or content of the
information sent or received.
[(g)] (8) “Telecommunications service” means [two-way switched access and transport of
voice communications but] telecommunications that are offered for a fee
to the public, or to such class of users as to be effectively available to the
public, without regard to the facilities used to provide the
telecommunications. “Telecommunications service” does not include:
[(A)] (a) Services provided by
radio common carrier.
[(B)] (b) One-way transmission of television signals.
[(C) Surveying.]
[(D)] (c) Private
telecommunications networks.
[(E)] (d) Communications of the customer that take place on
the customer side of on-premises equipment.
(9)(a) “Telecommunications
utility” means:
(A) Any corporation,
company, individual or association of individuals, or its lessees, trustees or
receivers, that owns, operates, manages or controls all or a part of any plant
or equipment in this state for the provision of telecommunications service, directly
or indirectly to or for the public, whether or not the plant or equipment, or
any portion of the plant or equipment, is wholly within any town or city.
(B) Any corporation,
company, individual or association of individuals that is party to an oral or
written agreement for the payment by a telecommunications utility, for service,
managerial construction, engineering or financing fees, and has an affiliated
interest with the telecommunications utility.
(b) “Telecommunications
utility” does not include:
(A) Any plant owned or
operated by a municipality.
(B) Any corporation not
providing intrastate telecommunications service to the public in this state,
whether or not the corporation has an office in this state or has an affiliated
interest with a telecommunications utility as defined in this chapter.
(C) Any person acting
only as a competitive telecommunications provider.
(D) Any corporation,
company, individual or association of individuals providing only telephone
customer premises equipment to the public.
[(h)] (10) “Toll” means switched telecommunications between
exchanges carried on the public switched network. “Toll” does not include
services that are an option to flat rate local or extended area service, even
though the options may include charges on a per-unit basis.
SECTION 2. ORS 759.500 is amended to read:
759.500. As used in ORS
759.500 to 759.570, unless the context requires otherwise:
(1) “Allocated territory”
means a geographic area for which the Public Utility Commission has allocated
to no more than one person the authority to provide local exchange
telecommunications service, the boundaries of which are set forth on an
exchange map filed with and approved by the commission.
(2) “Person” includes:
(a) An individual, firm,
partnership, corporation, association, cooperative or municipality; or
(b) The agent, lessee,
trustee or referee of an individual or entity listed in paragraph (a) of this
subsection.
(3) “Local exchange
telecommunications service” has the meaning given that term in ORS 759.005 [(2)(c)], except
that “local exchange telecommunications service” does not include service
provided through or by the use of any equipment, plant or facilities:
(a) For the provision of
telecommunications services that pass through or over but are not used to
provide service in or do not terminate in an area allocated to another person
providing a similar telecommunications service;
(b) For the provision of
local exchange telecommunications service, as defined in ORS 759.005 [(2)(c)], commonly
known as “private lines” or “farmer lines”; or
(c) For the provision of
shared telecommunications service.
Approved by the Governor July 17, 2007
Filed in the office of Secretary of State July 19, 2007
Effective date January 1, 2008
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