(1) Pursuant to ORS 759.020, there shall be two classifications of telecommunications providers:
- (a) Telecommunications utility; and
- (b) Competitive provider.
- (2) The Commission shall classify an applicant for a certificate of authority pursuant to ORS 759.020.
- (3) A telecommunications provider may file a petition with the Commission under OAR 860-032-0005 to change its classification. On the Commission’s own motion, and after notice and opportunity for hearing, the Commission may change a telecommunications provider’s classification upon finding the provider no longer qualifies for the classification previously assigned or qualifies for a different classification.
- (4) Local exchange telecommunications service provided by a telecommunications utility or a cooperative within the boundaries of local exchanges belonging to another telecommunications utility or cooperative, which exchanges are defined pursuant to ORS 759.005(2)(c), shall be considered the operations of a competitive provider, and may only be provided pursuant to a certificate of authority granted by the Commission under ORS 759.020. Such service shall be considered operations of a competitive provider without regard to the manner the provider treats those operations.
- (5) Telecommunications services provided by a telecommunications utility or a cooperative pursuant to a certificate of authority granted under ORS 759.020, wherein the provider was classified as a competitive provider for purposes of providing those services, shall be considered the operations of a competitive provider without regard to the manner the provider treats those operations.
Statutory/Other Authority
ORS 183, 756 & 759
Statutes/Other Implemented
ORS 756.040, 759.005, 759.020 & 759.030
History
PUC 9-2001, f. & cert. ef. 3-21-01
PUC 27-1985(Temp), f. & ef. 12-19-85 (Order No. 85-1203); PUC 16-1986 f. & ef. 11-17-86 (Order No. 86-1159); PUC 10-1998, f. & cert. ef. 4-28-98; PUC 4-2000, f. & cert. ef. 2-9-00