Chapter 832 Oregon Laws 1999
Session Law
AN ACT
HB 2271
Relating to utility
attachments; creating new provisions; and amending ORS 757.270, 757.276,
757.279, 757.282 and 757.285.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
Sections 2 and 3 of this 1999 Act are added to and made a part of ORS 757.270
to 757.290.
SECTION 2. (1)
Subject to applicable regulations of the Public Utility Commission, a person
shall not establish an attachment to a pole or other facility of a public
utility, telecommunications utility or consumer-owned utility unless the person
has executed a contract with and has authorization from the utility allowing
the attachment.
(2) A licensee shall report
all pole attachments to the pole owner. A pole owner may impose on a licensee a
penalty charge for failing to report an attachment. The pole owner also may
charge the licensee for any expenses incurred as a result of an unauthorized
attachment or any attachment that exceeds safety limits established by rule of
the commission.
SECTION 3. (1) A licensee shall notify a public
utility, telecommunications utility or consumer-owned utility of all
attachments to the utility's poles according to the terms of any agreement
between the licensee and the utility.
(2) Notwithstanding
subsection (1) of this section, the public utility, telecommunications utility
or consumer-owned utility may approve or reject the attachment. If the
attachment is rejected, the licensee shall remove the attachment within three
business days of the date the attachment is rejected. If the attachment is not
removed within three business days of the date the attachment is rejected, the
utility may remove the attachment and charge the licensee for all costs
incurred by the utility in removing the attachment.
SECTION 4.
ORS 757.270 is amended to read:
757.270. As used in ORS 757.270 to 757.290, unless the context
requires otherwise:
(1) "Attachment" means any wire or cable for the
transmission of intelligence by telegraph, telephone or television (including
cable television), light waves, or other phenomena, or for the transmission of
electricity for light, heat or power, and any related device, apparatus, or
auxiliary equipment, installed upon any pole or in any telegraph, telephone,
electrical, cable television or communications right of way, duct, conduit,
manhole or handhole or other similar facility or facilities owned or
controlled, in whole or in part, by one or more public utility,
telecommunications utility or [people's
utility district] consumer-owned
utility.
(2) "Consumer-owned
utility" means a people's utility district organized under ORS chapter
261, a municipal utility organized under ORS chapter 225 or an electric
cooperative organized under ORS chapter 62.
[(2)] (3) "Licensee" means any person,
firm, corporation, partnership, company, association, joint stock association
or cooperatively organized association [which]
that is authorized to construct
attachments upon, along, under or across the public ways.
[(3)] (4) "Public utility" has the
meaning for that term provided in ORS 757.005, and does not include any entity
cooperatively organized or owned by federal, state or local government, or a
subdivision of state or local government.
[(4) "People's
utility district" means any concern providing electricity organized
pursuant to ORS 261.010 and includes any entity cooperatively organized or
owned by federal, state or local government or a subdivision of state or local
government.]
(5) "Telecommunications utility" has the meaning for
that term provided in ORS 759.005, and does not include any entity
cooperatively organized or owned by federal, state or local government or a
subdivision of state or local government.
SECTION 5.
ORS 757.276 is amended to read:
757.276. The Public Utility Commission of Oregon shall have the
authority to regulate the rates, terms and conditions for attachments by
licensees to poles or other facilities of [people's
utility districts] consumer-owned
utilities. All rates, terms and conditions made, demanded or received by
any [people's utility district] consumer-owned utility for any
attachment by a licensee shall be just, fair and reasonable.
SECTION 6.
ORS 757.279 is amended to read:
757.279. (1) Whenever the Public Utility Commission of Oregon
finds, after hearing had upon complaint by a licensee, a public utility, a
telecommunications utility or a [people's
utility district] consumer-owned
utility that the rates, terms or conditions demanded, exacted, charged or
collected in connection with attachments or availability of surplus space for
such attachments are unjust or unreasonable, or that such rates or charges are
insufficient to yield a reasonable compensation for the attachment and the
costs of administering the same, the commission shall determine the just and
reasonable rates, terms and conditions thereafter to be observed and in force
and shall fix the same by order. In determining and fixing such rates, terms
and conditions, the commission shall consider the interest of the customers of
the licensee, as well as the interest of the customers of the public utility,
telecommunications utility or [people's
utility district which]
consumer-owned utility that owns the facility upon which the attachment is
made.
(2) When the order applies to a [people's utility district]
consumer-owned utility, the order shall also provide for payment by the
parties of the cost of the hearing. The payment shall be made in a manner which
the commission considers equitable.
SECTION 7.
ORS 757.282 is amended to read:
757.282. (1) A just
and reasonable rate shall [assure] ensure the public utility,
telecommunications utility or [the
people's utility district]
consumer-owned utility the recovery from the licensee of not less than all
the additional costs of providing and maintaining pole attachment space for the
licensee nor more than the actual capital and operating expenses, including
just compensation, of the public utility, telecommunications utility or [people's utility district] consumer-owned utility attributable to
that portion of the pole, duct or conduit used for the pole attachment,
including a share of the required support and clearance space in proportion to
the space used for pole attachment above minimum attachment grade level, as
compared to all other uses made of the subject facilities, and uses [which] that remain available to the owner or owners of the subject
facilities.
(2) A licensee shall
receive a rental deduction if the licensee is in compliance with rules adopted
by the Public Utility Commission for certifying compliance with the laws
regulating pole attachments. A licensee is eligible for the rental reduction
unless the commission or the utility authorizing the attachment notifies the
licensee in writing that the licensee has failed to comply with either the commission's
rules or the terms of a contract between the licensee and the utility
authorizing the attachment.
(3) For purposes of
determining the rental rate for a pole attachment, the usable space on the pole
shall include 20 inches of safety clearance space between communication
circuits and electric circuits, provided the licensee is in compliance with
rules and agreements as described in subsection (2) of this section.
SECTION 8.
ORS 757.285 is amended to read:
757.285. Agreements regarding rates, terms and conditions of
attachments shall be deemed to be just, fair and reasonable, unless the Public
Utility Commission finds upon complaint by a public utility, telecommunications
utility, [people's utility district] consumer-owned utility or licensee
party to such agreement and after hearing, that such rates, terms and
conditions are adverse to the public interest and fail to comply with the
provisions hereof.
SECTION 9. (1)
The Public Utility Commission shall establish a task force consisting of
utility pole owners and utility pole users to advise the commission on policies
and regulations for accommodating changes in the utility industries while
maintaining safe and efficient utility poles, attachment installation practices
and rights of way.
(2) In addition to the
duties described in subsection (1) of this section, the task force shall:
(a) Develop and submit to
the commission proposed rules for determining appropriate sanctions for
unauthorized attachments; and
(b) Develop and submit to
the commission proposed criteria for certifying compliance with laws regulating
pole attachments.
(3) The commission shall
adopt rules for certifying a licensee's compliance with laws regulating pole
attachments and establishing appropriate sanctions for unauthorized pole
attachments.
SECTION 10. Sections 2 and 3 of this 1999 Act and the
amendments to ORS 757.270, 757.276, 757.279, 757.282 and 757.285 by sections 4
to 8 of this 1999 Act become operative January 1, 2000.
Approved by the Governor
July 21, 1999
Filed in the office of
Secretary of State July 21, 1999
Effective date October 23,
1999
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