76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 2192
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Sustainability and Economic Development for Oregon
Telecommunications Association)
CHAPTER ................
AN ACT
Relating to broadband services; amending ORS 759.425.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 759.425 is amended to read:
759.425. (1) The Public Utility Commission shall establish and
implement a competitively neutral and nondiscriminatory universal
service fund. Subject to subsection (6) of this section, the
commission shall use the universal service fund to ensure basic
telephone service is available at a reasonable and affordable
rate. The Public Utility Commission may adopt rules to conform
the universal service fund to section 254 of the federal
Telecommunications Act of 1996 (Public Law 104-104), and to
related rules adopted by the Federal Communications Commission,
to the extent that the Public Utility Commission determines is
appropriate. The commission may delay implementation for rural
telecommunications carriers, as defined in the federal Act, for
up to six months after the date the Federal Communications
Commission adopts a cost methodology for rural carriers.
(2)(a) The Public Utility Commission shall establish the price
a telecommunications utility may charge its customers for basic
telephone service. The commission in its discretion shall
periodically review and evaluate the status of telecommunications
services in the state and designate the services included in
basic telephone service. The commission in its discretion shall
periodically review and adjust as necessary the price a
telecommunications utility may charge for basic telephone
service.
(b) The provisions of this subsection do not apply to the basic
telephone service provided by a telecommunications utility
described in ORS 759.040.
(3)(a) The Public Utility Commission shall establish a
benchmark for basic telephone service as necessary for the
administration and distribution of the universal service fund.
The universal service fund shall provide explicit support to an
eligible telecommunications carrier that is equal to the
difference between the cost of providing basic telephone service
and the benchmark, less any explicit compensation received by the
carrier from federal sources specifically targeted to recovery of
local loop costs and less any explicit support received by the
carrier from a federal universal service program.
Enrolled House Bill 2192 (HB 2192-INTRO) Page 1
(b) The commission in its discretion shall periodically review
the benchmark and adjust it as necessary to reflect:
(A) Changes in competition in the telecommunications industry;
(B) Changes in federal universal service support; and
(C) Other relevant factors as determined by the commission.
(c) Except for a telecommunications utility described in ORS
759.040, the commission shall seek to limit the difference
between the price a telecommunications utility may charge for
basic telephone service and the benchmark.
(4) Except as provided in subsections (7) and (8) of this
section, there is imposed on the sale of all retail
telecommunications services sold in this state a universal
service surcharge. Unless otherwise provided by the Public
Utility Commission by rule, the surcharge shall be a uniform
percentage of the sale of retail telecommunications services in
an amount sufficient to support the purpose of the universal
service fund. The surcharge may be shown as a separate line item
by all telecommunications carriers using language prescribed by
the commission. A telecommunications carrier shall deposit
amounts collected into the universal service fund according to a
schedule adopted by the commission.
(5) The Public Utility Commission is authorized to establish a
universal service fund, separate and distinct from the General
Fund. The fund shall consist of all universal service surcharge
moneys collected by telecommunications carriers and paid into the
fund. The fund shall be used only for the purpose described in
this section, and for payment of expenses incurred by the
commission or a third party appointed by the commission to
administer this section. All moneys in the fund are continuously
appropriated to the commission to carry out the provisions of
this section. Interest on moneys deposited in the fund shall
accrue to the fund.
(6) In addition to the purpose specified in subsection (1) of
this section, moneys in the universal service fund may be used by
the Public Utility Commission to { - facilitate the
availability of broadband at fair and reasonable rates throughout
this state - } { + survey or map the state to determine where
adequate broadband services are available + }. The amount of
moneys in the universal service fund used for this purpose may
not exceed the amount the state is required to expend to receive
the maximum amount of funds available from federal sources for
broadband services. If in-kind services are allowed for a state's
share of a mapping project, the state shall use in-kind services
before expending universal service funds. The commission may use
an independent contractor to perform mapping services.
(7) For purposes of this section, 'retail telecommunications
service' does not include radio communications service, radio
paging service, commercial mobile radio service, personal
communications service or cellular communications service.
(8)(a) Notwithstanding subsection (7) of this section, a person
who primarily provides radio communications service, radio paging
service, commercial mobile radio service, personal communications
service or cellular communications service may request
designation as an eligible telecommunications carrier by the
Public Utility Commission for purposes of participation in the
universal service fund.
(b) In the event a person who primarily provides radio
communications service, radio paging service, commercial mobile
radio service, personal communications service or cellular
communications service seeks designation as an eligible
Enrolled House Bill 2192 (HB 2192-INTRO) Page 2
telecommunications carrier for purposes of participation in the
universal service fund, the person shall provide written notice
to the Public Utility Commission requesting designation as an
eligible telecommunications carrier within 60 days of the date
the commission establishes the fund. Upon receiving notice, the
commission may designate the person as an eligible
telecommunications carrier for purposes of participation in the
fund.
(c) A person who primarily provides radio communications
service, radio paging service, commercial mobile radio service,
personal communications service or cellular communications
service who fails to request designation as an eligible
telecommunications carrier within 60 days of the date the
universal service fund is established by the Public Utility
Commission may not be designated as an eligible
telecommunications carrier unless the person has contributed to
the fund for at least one year immediately prior to requesting
designation.
(9) A pay telephone provider may apply to the Public Utility
Commission, on a form developed by the commission, for a refund
of the universal service surcharge imposed on the provider under
subsection (4) of this section for the provision of pay telephone
service.
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Passed by House March 3, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate May 17, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2192 (HB 2192-INTRO) Page 3
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2192 (HB 2192-INTRO) Page 4