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Public Utility Commission of Oregon (OPUC) Frequently Asked Questions and Answers Summary of OPUC´s Jurisdiction over Communications Carriers and How to Find Information on OPUC´s Website
OPUC´s Jurisdiction and the Applicable Laws and Rules
The following table summarizes OPUC´s jurisdiction of communications services.
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Type of Carrier (1) |
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Cooper-
ative
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Utility |
Competitive
Provider |
Radio &
Wireless |
Data &
Internet |
| Annual Reports |
X |
X |
X |
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| Fees & Surcharges: |
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OPUC Fee
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X |
X |
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RSPF
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X |
X |
X |
X |
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Oregon Universal Service
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X |
X |
X |
(2) |
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Safety
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X |
X |
X |
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Service Quality Standards
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X |
X |
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| Rate Regulation: |
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Access Charges
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X |
X |
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Extended Area Service
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X |
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Local Rates
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(3) |
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| Other Services (Cellular, Data, Directories services, Equipment, Internet, Radio, Wireless) |
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X - The carrier is subject to OPUC jurisdiction for this purpose.
(1) - Definitions
(2) - The radio or wireless carrier must have elected to participate in the Oregon Universal Service fund.
(3) - Generally, the ILEC must serve 50,000 or more access lines to be subject to local rate regulation.
Most laws related to OPUC and communications service providers are in Oregon Revised Statute (ORS) Chapters 183, 192, 469, 756, 758, 759, and 772.
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Obtaining a Certificate of Authority
What is a certificate of authority?
A certificate of authority is an order from the Commission that allows a person, corporation, company, or association to provide intrastate telecommunications service on a for-hire basis.
How does one become certified as a telecommunications provider in Oregon?
See ORS 759.020, ORS 759.050, and OAR Chapter 860 Division 032. Contact OPUC´s Competitive Provider Analyst to request an application packet. The form is in Microsoft Word and can be sent electronically or by mail.
Is there an application fee?
No.
What is the process to receive approval to provide local exchange or long distance services?
You must complete and submit an application to OPUC´s Competitive Provider Analyst, who will review the application for correctness and contact you if there are problems. On the 12th of the next month, OPUC will send a copy of the application to interested parties and certified telecommunications providers, who will have 20 days to file protests.
For applications to provide long distance service: If OPUC receives no protests, OPUC will prepare and send a certificate of authority to the requesting person, corporation, company, or association. This process generally takes about two months from the date of application.
For applications to provide local service: After the protest period, OPUC will assign the application to OPUC Telecommunications Staff for further review. Staff will prepare a proposed order to grant the certificate of authority and send it to the applicant for review and comment. After any issues are resolved, OPUC will prepare and send a certificate of authority to the applicant. This process generally takes about four months from the date of application.
Should I provide tariffs or price lists with the application?
No.
Is an attorney required during the application process?
No, an attorney is not necessary. In the event of a protest, however, an attorney may be advisable. Many applicants complete the process without an attorney. Protests are infrequent.
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Keeping a Certificate of Authority
Each certified telecommunications provider must comply with the conditions of its certificate of authority; file annual reports; pay an annual regulatory fee; notify OPUC about changes in ownership, address, or contacts; comply with Oregon Universal Service and Telephone Assistance Program requirements; comply with OPUC Staff audit requests; and follow Oregon´s safety and service standards.
OPUC will send a "New Provider Letter" that will describe in detail the responsibilities of the new telecommunications provider. For example, see Oregon Administrative Rule 860-032-0007. You should distribute this letter to all the telecommunications provider´s regulatory personnel.
You should become familiar with the Oregon Administrative Rules in Chapter 860, Divisions 016, 024, and 032, and with Oregon Revised Statutes 759.005 through 759.060.
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Canceling a Certificate of Authority
A telecommunications provider may send a written request to cancel a certificate of authority by e-mail or letter to the OPUC´s Competitive Provider Analyst. The cancellation process generally takes about thirty days, but the cancellation may be effective on whatever date the telecommunications provider requests. For the year in which the cancellation occurred, the holder of the canceled certificate is required to submit an annual report, file an OPUC fee statement, pay an OPUC fee, and pay any Oregon Universal Service contributions owed.
OPUC may initiate the cancellation process if a telecommunications provider does not:
- File a completed annual report (Form C or Form L) by April 1 each year.
- File a completed OPUC fee statement or pay the full fee by April 1 each year.
- Notify OPUC about changes in ownership, address, or contacts.
- Comply with Oregon Universal Service requirements.
- Comply with Residential Service Protection Fund requirements.
- Comply with OPUC Staff audit requests.
- Comply with the conditions of its certificate of authority.
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Reporting Changes in Business Operations or Contacts
A certified telecommunications provider must notify OPUC as soon as possible of mergers, transfers of control, stock transactions, and other changes in ownership. OPUC approval is not required for such transactions. A provider must also notify OPUC as soon as possible whenever it changes an address, phone number, business name, or regulatory contact. If OPUC cannot locate your company, the telecommunications provider may lose its certificate of authority.
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Contacting OPUC about Certificates of Authority
Lois Meerdink, Competitive Provider Analyst
Public Utility Commission of Oregon
Street Address: 550 Capitol Street NE Suite 215, Salem OR 97301-2551
Mailing Address: PO Box 2148, Salem OR 97308-2148
Phone: 503-378-8959
Fax: 503-373-7752
E-Mail: lois.meerdink@state.or.us
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Annual Reports, Fees, and Taxes
Each telecommunications provider must file a completed annual report with OPUC by April 1. See Annual Report Forms (C, L & O).
Each telecommunications provider must pay an annual fee and submit a completed OPUC fee statement (Form GRT) to OPUC by April 1. See Applications, and Revenue Fee Statements.
For other state, county, and city taxes, fees, and surcharges, see Telecommunications Assessments, Fees, and Surcharges.
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Telephone Assistance Programs
"Link-up America" is a cooperative program designed to promote universal service (Oregon Administrative Rule 860-033-0050). The program is administered through the National Exchange Carriers Association. Link-up America is funded through assessments on the long distance carriers. No matching funds from states are required nor is state funding provided for administrative costs.
The "Residential Service Protection Fund" is financed through a surcharge for the Oregon Telephone Assistance Program (Oregon Administrative Rules 860-033-0005 through 860-033-0046), the Telecommunications Devices Access Program (Oregon Administrative Rules 860-033-0505 through 860-033-0560), and the Oregon Telecommunications Relay Services. The provisions are compiled as notes following Chapter 290, Sections 2-16, Oregon Laws 1987.
Telecommunication Assistance Programs, Program Summary
Telecommunications Assessments, Fees, and Surcharges
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Safety and Service Standards
For safety standards, see Oregon Administrative Rule Chapter 860, Division 024.
For service standards, see Telecommunications, Oregon Telecommunication Service Quality Reports, and How to Use This Site.
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Carrier-to-Carrier Agreements
Carrier-to-carrier agreements must be approved by OPUC. See Carrier-to-Carrier Agreement Checklist. For rules governing approval of agreements, see Oregon Administrative Rules, Chapter 860, Division 016.
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Company Identification Number
OPUC assigns each new telecommunications provider a unique identification number (ID#), which does not change when the company´s ownership or name changes. Each telecommunications provider should include its ID# on all correspondence. The ID# is required on the annual report form, OPUC fee statement, and Oregon Universal Service worksheets.
Go to the Utility Company Search Page to find your company´s identification number. If you type a name in the first line and more than one company appears, select the desired company. The next screen will display the ID#.
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Confidentiality of Information
Oregon Administrative Rule 860-032-0070 provides a list of information that incumbent local exchange carriers may keep confidential. OPUC does not have similar rules for competitive local exchange carriers. All carriers are subject to Oregon´s public records laws in Oregon Revised Statute Chapter 192.
OPUC publishes aggregate data about local exchange carriers.
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Annual Data and Statistics
Each year, OPUC publishes reports about Telecommunication providers.
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