Chapter 759

759.020

NOTES OF DECISIONS

Legislature intended all entities providing intrastate telecommunications services for hire, regardless of entity form, to be subject to certificate of authority requirement. Beaver Creek Cooperative Telephone Company v. Public Utility Commission, 182 Or App 559, 50 P3d 1231 (2002)

“For-hire” basis means making service available in return for payment, whether or not for commercial profit. Beaver Creek Cooperative Telephone Company v. Public Utility Commission, 182 Or App 559, 50 P3d 1231 (2002)

759.025

NOTES OF DECISIONS

Statutory certification of intrastate telecommunications services provided by cooperatives prior to January 1, 1986, does not exempt cooperative from certificate of authority requirement for subsequent expansion of services. Beaver Creek Cooperative Telephone Company v. Public Utility Commission, 182 Or App 559, 50 P3d 1231 (2002); Beaver Creek Cooperative Telephone Company v. Public Utility Commission, 182 Or App 576, 50 P3d 1240 (2002)

759.030

See annotations under ORS 759.036.

759.036

NOTES OF DECISIONS

Under former similar statute (ORS 759.030)

Public Utility Commission authority over regulation of telecommunications services within state does not preempt concurrent municipal regulation. AT&T Communications v. City of Eugene, 177 Or App 379, 35 P3d 1029 (2001), Sup Ct review denied

759.185

NOTES OF DECISIONS

Nothing in this statute should be interpreted to limit PUC’s power to order refund in circumstances other than those specified in this statute. Pacific Northwest Bell Telephone Co. v. Katz, 116 Or App 302, 841 P2d 652 (1992), Sup Ct review denied

Interim rate schedule may not be used pending outcome of investigation into existing approved rates. Pacific Northwest Bell Telephone Co. v. Eachus, 135 Or App 41, 898 P2d 774 (1995), Sup Ct review denied

759.220

NOTES OF DECISIONS

Public Utility Commission authority to regulate “terms and conditions” of through service includes authority to require financial disclosures for purpose of ensuring reasonableness of cooperative access charges. Beaver Creek Cooperative Telephone Co. v. Public Utility Commission, 162 Or App 258, 986 P2d 592 (1999), Sup Ct review denied

759.290

NOTE: Repealed as of January 1, 2008

NOTES OF DECISIONS

This section is unconstitutional under Article I, section 8 of Oregon Constitution because section regulates commercial speech differently from other subjects of speech. Moser v. Frohnmayer, 112 Or App 226, 829 P2d 84 (1992), aff’d 315 Or 372, 845 P2d 1284 (1993)

LAW REVIEW CITATIONS: 31 WLR 685 (1995)

759.375

NOTES OF DECISIONS

Address telephone directories and business and customer lists are necessary and useful property within regulatory scope of Public Utility Commission. Pacific Northwest Bell Co. v. Katz, 121 Or App 48, 853 P2d 1346 (1993), Sup Ct review denied

759.425

NOTES OF DECISIONS

State universal service fund assessment on interstate telecommunications services provided to addresses within state conflicts with federal Telecommunications Act of 1996. AT&T Communications, Inc. v. Eachus, 174 F. Supp. 2d 1119 (D. Or. 2001)