ORDER NO. 95-1328

ENTERED DEC 19 1995

THIS IS AN ELECTRONIC COPY

BEFORE THE PUBLIC UTILITY COMMISSION

OF OREGON

AR 311

DISPOSITION: PERMANENT RULE ADOPTED

In Order No. 95-860, the Commission adopted temporary administrative rule

860-33-005 to expand the base of support for the surcharge as defined in and required by House Bill 2185 (HB 2185), and suspended OAR 860-33-020, exempting OTAP and TDAP recipients from paying the surcharge. Revenues are projected to be inadequate to meet continued demands for Oregon’s Telecommunications Relay Service (OTRS) during the 1995-97 biennium. The temporary rule became effective October 1, 1995.

On August 17, 1995, the Commission filed a Notice of Proposed permanent rulemaking with the Secretary of State. The Notice set out the amendments proposed by Commission staff and included Statements of Need, Statutory Authority, Principal Documents Relied Upon, Economic and Fiscal Impact and Advisory Committee. The Secretary of State published notice of this action in the October 1, 1995, Bulletin.

The Commission provided notice to interested persons on November 14, 1995. The notice invited interested persons to file written comments and/or request a public hearing. No comments were received, nor was a hearing requested. At its public meeting on December 19, 1995, the Commission approved the proposed rules attached to this Order as Appendix A.

DISCUSSION

The new legislation broadens the scope of providers of telecommunications services who are responsible for assessing and collecting the surcharge. This change expands the base of support so that each retail subscriber, including any beneficiary of the Oregon Telephone Assistance Program (OTAP) or the Telecommunications Devices Access Program (TDAP), who has telecommunications service with access to OTRS will be paying the monthly surcharge.

Under HB 2185, the surcharge shall be applied on a telecommunications circuit designated for a particular subscriber. One subscriber line shall be counted for each circuit that is capable of generating usage on the line side of the switched network regardless of the quantity of customer premise equipment connected to each circuit. For providers of central office based services, the surcharge shall be applied to each line that has unrestricted connection to the OTRS. These central office based service lines that have restricted access to the OTRS shall be charged based on software design. For cellular, wireless or other radio common carriers, the surcharge shall be applied on a per instrument basis.

The surcharge does not apply to interconnection between telecommunications utilities, telecommunications cooperatives, competitive telecommunications services providers certified pursuant to ORS 759.020, radio common carriers, and interexchange carriers or other services exempt by the Constitution or laws of the United States or of the State of Oregon.

The new law authorizes the Commission to increase the maximum allowable surcharge from 25 to 35 cents per month against each paying retail subscriber who has telecommunications service with access to the telecommunications relay service. It also requires the Commission to annually review the fund balance and adjust the surcharge to ensure the funding balance does not exceed six months of projected expenses. OAR  860-33-005 defines the surcharge as a specified amount up to 35 cents for purposes of complying with HB 2185. However, this order does not change the amount of the current surcharge (25 cents) being paid by subscribers.

ORDER

IT IS ORDERED that the proposed amendment to OAR 860-33-005 is adopted and OAR 860-33-020 is repealed as set forth in Appendix A. This action shall be effective upon filing with the Secretary of State.

Made, entered, and effective .

A person may petition the Commission for the amendment or repeal of a rule pursuant to ORS 183.390. A person may petition the Court of Appeals to determine the validity of a rule pursuant to ORS 183.400.