ORDER NO. 97-489

ENTERED DEC 16 1997

This is an electronic copy.

BEFORE THE PUBLIC UTILITY COMMISSION

OF OREGON

AR 335

DISPOSITION: RULES ADOPTED AS AMENDED

At its September 9, 1997, public meeting, the Commission approved a Staff request to open this rulemaking. On September 11, 1997, notice of the proposed rulemaking was filed with the Secretary of State and mailed to the list of persons interested in telecommunications issues. Notice was published in the Secretary of State’s Bulletin on October 1, 1997, with a due date for comments of October 31, 1997. The Commission received written comments from GVNW, Inc. (GVNW), GTE Northwest Incorporated (GTE), U S WEST Communications, Inc. (USWC), Oregon Telecommunications Association (OTA), and AT&T Wireless Services, Inc. (AWS).

Staff’s Recommendations. In a memo dated September 2, 1997, Staff presented its reasons for requesting this rulemaking. The rulemaking has four parts, addressing the need to:

Amend OAR 860-033-0030(4), Oregon Telephone Assistance Program (OTAP) eligibility;

Add a new rule to implement Residential Service Protection Fund (RSPF) billing procedures; move and renumber OAR 860-033-0535(5), Recipients’ Liability;

Amend terms and definitions and add a toll-limitation service rule (OAR 860-033-0100) to comply with the Federal Communication Commission’s (FCC) universal service order; and

Update titles, correct references, and apply the basic rules of writing and modern word usage.

Change OTAP Verification Process from an Annual to a Periodic Basis

 

In May 1997, the RSPF implemented an automated OTAP file maintenance system to verify continuing eligibility of program recipients on a monthly basis. Verification was previously performed once a year. The change has made it possible for Staff to ensure more efficiently that only eligible persons receive benefits. It has also improved consumer service by providing the most current information. Because the automated OTAP file confirms eligibility monthly, OAR 860-033-0030(4) should be amended to change "annual" to "periodic."

Implement Billing Procedures

Staff recommended adding a new rule to allow the RSPF program to implement its billing procedures. The proposed rule is to be inserted between OAR 860-033-0535 and 860-033-0540.

The proposed procedures would notify the public of the process for maintaining financial accountability for the state’s equipment loaned under the Telecommunications Devices Access Program (TDAP). Although the statutes and rules give the Commission authority to collect debts, questions have arisen in some cases about who should be billed, how many invoices should be sent before a complaint is filed, and other details that can be defined by rule.

According to Staff, OAR 860-033-0535(5), which describes a recipient’s liability, should be moved and renumbered as OAR 860-033-0536. It should also be rewritten to better define the recipients’ liability. This rule should precede the new billing procedures rule.

Comply with the FCC’s Universal Service Order

On May 7, 1997, the FCC issued Order No. 97-157 in its Docket 86-45, In the Matter of Federal-State Joint Board on Universal Service (Joint Board). The FCC adopted the universal service provisions of the Telecommunications Act of 1996 (the Act), to ensure access to affordable telecommunications for all Americans. This FCC order implements its changes to the Lifeline and Link-Up America programs effective January 1, 1998.

Parts of the FCC order affect OTAP. Staff proposes to amend the rules to incorporate these changes to Oregon’s Lifeline and Link-Up America programs. The following changes to the federal rule require changes to our administrative rules:

The FCC adopted the Joint Board’s recommended changes to the Lifeline and Link-Up America programs. The changes increase the federal Lifeline support amount and modify the state’s matching requirement. Each Lifeline recipient will receive $3.50 in federal support for basic telephone service. Further, the federal Lifeline program will contribute an additional $1.75 if the state approves it. Finally, the federal Lifeline program will match, at 50 percent, any amount the state contributes to the reduction of basic telephone support for recipients, up to $1.75 of federal support ($3.50 state support). The maximum federal support is $7. The potential maximum reduction on the monthly telephone bill of a Lifeline recipient is $10.50. Staff proposes to amend OAR 860-033-0035(1).

The FCC adopted the Joint Board’s recommendation that support should be provided for toll limitation services to the extent a carrier possesses the ability to provide such services. Staff proposes to add OAR 860-033-0100 to define this requirement and ensure that eligible customers will be able to opt for toll limitation services when and where feasible. This new rule should be inserted between OAR 860-033-0050 and 860-033-0505.

The FCC concluded that any eligible telecommunications carrier, including cellular, wireless, and radio common carrier providers, should be eligible to receive universal service support. To be considered eligible under the Act, a carrier must be a common carrier who offers and advertises, through a designated service area, all the service supported by universal service as dictated by the FCC. Staff proposes to amend Division 033 to clarify that, although the Commission does not regulate cellular, wireless, and radio common carrier providers, the Commission will preserve access to federal benefits for these carriers on behalf of their eligible customers, to the extent possible. Staff proposes to amend the rules, as needed, to define and use the term "eligible telecommunications carrier."

Clear and Consistent Identification of Utilities and Other Parties; Modern Word Usage

In early 1997, Staff began to identify which rules apply to the different types of utilities in Oregon. Staff is still working to revise other rules so that the rules clearly and consistently identify and define the different types of utilities and other telecommunications providers, use correct names and references, and apply basic rules of writing and modern word usage. The revisions are intended to make all our rules easier to use.

As part of this project, Staff proposes to use consistent terms, references, punctuation, and modern word usage in Division 033. The following changes are consistent with those proposed in dockets AR 336, AR 337, AR 338, and AR 339:

Division titles should accurately summarize the contents of the rules. For example, Division 033 is named "Oregon Telephone Assistance Program." The Division deals with OTAP but includes other assistance programs as well, so the title should be changed to "Telephone Assistance Programs." Also, Staff proposes to insert a subtitle ("Oregon Telephone Assistance Program") before the first rule.

The different types of utilities and other parties should be clearly and consistently identified:

"Local exchange service" and "local exchange service carriers" should be used consistently and with the same definitions throughout. For instance, OAR 860-033-0505(8) should refer to ORS 759.005(1)(c) for the definition of a local exchange telecommunications carrier instead of redefining the terms.

Most rules refer to the "Commission," and this term should be used consistently. "Public Utility Commission" and "PUC" should be replaced with "Commission."

The rules should use legal names, appropriate references, and consistent definitions. For example, "State Treasury" should be "Oregon State Treasury."

OAR 860-033-0050 should clearly describe a "principal place of residence" so a customer continues to receive Link-Up America when the customer moves. Staff proposes to add a new section (6), which states the federal description. This results in renumbering the existing sections (6), (7), and (8).

The rules should consistently adhere to the basic rules of writing and modern usage:

Use complete sentences, appropriate capitalization, consistent spelling, proper grammar, and consistent punctuation.

Spell the numbers one through ten, unless they precede "percent."

Replace wordy phrases and long words, when possible. For example, "and" should replace "as well as," "if" or "when" should replace "in the event," and "use" should replace "utilize."

Simplify multiple prepositional phrases, when possible.

Identify acronyms when they are first used. For example, see OAR 860-033-0005(2)(a).

"Can" implies ability or power and should be replaced by "may" whenever a rule intends permission or possibility. For example, see OAR 860-033-0035(4).

"His" and "their" should be replaced with "s/he" and "his/her," as appropriate.

"Premise" is often misused to describe a customer’s "premises." This misuse should be corrected. See, e.g., OAR 860-033-0005(2).

"TDD or adaptive equipment" should consistently replace "TDD/adaptive equipment" and "TDD equipment." OAR 860-033-0505 defines TDD as a telecommunications device for the deaf, adaptive equipment, or signal device. "TDD device for the deaf" is redundant and should be shortened to "TDD" in OAR 860-033-0035(2).

Staff’s proposed rule amendments, with changes noted below, are attached as Appendix A to this order and incorporated herein by reference.

Comments by the Participants: GTE. GTE noted that it does not object to any of Staff’s proposed changes.

GVNW. GVNW proposes five changes to Staff’s draft rule.

Add to the definition of OTAP in OAR 860-033-0005(4): "OTAP is a supplemental support fund to the federally funded ‘Lifeline’ service defined in Federal rule [47 C.F.R. §] 54.401." We have considered this suggestion and decided that the definition is clear enough without the additional sentence.

OAR 860-033-0005(9) read, as originally published:

"Toll Limitation Service" means a service provided by eligible telecommunications carriers that allows OTAP recipients to elect not to allow the completion of outgoing toll calls from their telecommunications circuits or to specify a certain toll usage that may be incurred on their telecommunications circuits per month or per billing cycle.

GVNW notes that under federal rule 47 C.F.R. §54.400, "toll limitation" denotes both "toll blocking" and "toll control." Local exchange carriers currently have the ability to provide only toll blocking, and later discussion for the federal Link-Up program will need reference to toll blocking specifically.

GVNW’s point is well taken. Staff has revised the subsection of the rule to read:

"Toll Limitation Service" means a service provided by eligible telecommunications carriers that allows OTAP recipients to elect not to allow the completion of outgoing toll calls from their telecommunications circuits (toll blocking) or to specify a certain toll usage that may be incurred on their telecommunications circuits per month or per billing (toll control).

OAR 860-033-0050(2) originally read:

Security deposit requirements will be waived for residential applicants who are eligible for Link-Up America and who satisfy the credit requirements of OAR Chapter 860, Division 021.

GVNW points out that federal rule 47 C.F.R. §54.401(c) also gives the qualifying low-income consumer the option to voluntarily elect toll blocking to avoid paying a security deposit. Staff modified its rule by adding the following to meet GVNW’s concerns:

or if the qualifying low-income consumer voluntarily elects toll blocking from the carrier, where available.

OAR 860-033-0050(5) originally read:

Customers shall be entitled to pay the remaining line connection balance in no more than four equal monthly installments, provided the monthly payment is at least $2. If the equal monthly payment is under $2, an eligible telecommunications carrier may enter into an agreement for less than four months.

GVNW points out that this section is inconsistent with federal rule 47 C.F.R. §54.411(a)(2), and somewhat more restrictive than the federal rule. GVNW recommended that Staff replace the language above with the language of the federal rule. Staff has done so, and the subsection now reads:

A carrier shall offer a deferred schedule for payment of the charges assessed for commencing service, for which the consumer does not pay interest. The interest charges not assessed to the consumer shall be for connection charges of up to $200 that are deferred for a period not to exceed one year. Charges assessed for commencing service include any charges that the carrier customarily assesses to connect subscribers to the network. These charges do not include any permissible security deposit requirements.

OAR 860-033-0100 reads:

Upon request, a qualifying OTAP recipient shall be entitled to toll limitation service from an eligible telecommunications carrier, when available, at no additional charge.

GVNW considers this too narrow a statement and urges a broader statement to ensure compatibility with the federal rules:

Upon request, a low-income consumer qualifying for federal Lifeline or Link-Up or OTAP shall be entitled to toll limitation service as defined in 860-033-0005(9) from an eligible telecommunications carrier, when available, at no additional charge.

Staff did not adopt GVNW’s suggestion on this subsection, because the connection to the federal programs is clarified in Divisions 031 and 024.

USWC. USWC proposes three changes to Staff’s draft rule.

OAR 860-033-0010: USWC proposes the following additional language on the application of the surcharge:

The surcharge is levied on each local access line. For eligible telecommunications carriers that collect the FCC Subscriber Line Charge (SLC), the surcharge will be levied on the same basis that the SLC is levied.

Staff did not adopt this suggestion. The language of the rule tracks exactly with the language of Chapter 290, Section 7, OR Laws 1987.

OAR 860-033-0035: USWC agrees with the proposed changes to this section. In addition, USWC urges that the Commission offer the full benefits that the OTAP and the FCC program can provide on January 1, 1998. The existing OTAP benefit of $3.50 with the FCC matching would equate to a $10.50 monthly benefit for customers. Any reduction in the OTAP benefit also reduces the benefits from the FCC program. The existing OTAP recipients would see a $3.50 increase in their monthly benefit if the OTAP remains at its current level.

Staff did not adopt this suggestion, because the matter that USWC raises is being addressed in UM 731, the Commission’s universal service docket.

OAR 860-033-0100: USWC has requested that the FCC clarify that a carrier who offers either toll blocking or toll control to Lifeline customers satisfies the requirement of 47 C.F.R. §54.401(a)(3), which mentions only toll limitation. USWC notes that if such clarification is granted, the Commission rules should reflect the same.

We believe the language of our rule is flexible enough to permit a carrier to offer either toll blocking or toll control. The rule provides that an eligible telecommunications carrier shall furnish toll limitation when available. Toll limitation is defined in OAR 860-033-0005(9) to include both toll control and toll blocking. If a carrier offers either service, that would constitute offering toll limitation. See discussion of waivers below as well.

OTA. Like GVNW, OTA expresses concern about the phrase "toll limitation" because the original definition did not mention toll control and toll blocking. Staff has modified the definition of toll limitation to include specific reference to toll control and toll blocking.

OTA is also concerned that toll control is not a service that companies can provide at present. OTA believes, as we do, that our rule is flexible enough to read "toll limitation" in OAR 860-033-0100 to include both toll control and toll blocking. See discussion above.

OTA points out that the FCC rules allow state commissions to grant waivers of the requirement to provide toll control when certifying an eligible telecommunications carrier. OTA urges that in addition to the flexible language in the rule, the Commission should also grant a waiver from the requirement to provide toll control when it certifies an eligible telecommunications carrier. This issue is part of the deliberations in UM 731. The matter of waivers for eligible telecommunications carriers were granted at the Commission’s public meeting of December 2, 1997.

AWS. Finally, AWS comments that the rules as drafted are overbroad and contrary to federal law as set forth in the Act and the FCC’s regulations in 47 C.F.R. §§36.125 et seq. AWS urges the Commission to eliminate proposed rule OAR 860-033-0005(8) in its entirety and delete the phrase "as defined in ORS 759.0005(2)(g)" from the first sentence of the proposed rule OAR 860-033-0005(7).

AWS argues that excluding wireless carriers from the definition of eligible telecommunications carriers, as OAR 860-033-0005(8) does, denies them OTAP funds and is contrary to the technologically neutral universal service policy goals established by the Commission in Order No. 95-1103, Docket UM 731. AWS contends that the Commission has authority to include wireless carriers within the definition of eligible telecommuni-cations carrier.

AWS further argues that excluding wireless carriers from the definition of eligible telecommunications carrier for OTAP funding is inconsistent with the federal universal service program and thus violates §254(f) of the Act. The OTAP, AWS argues, supplements federal universal service support. It is inextricably linked to the federal program and in part determines the overall amount of federal funding available to qualifying customers of eligible carriers. Precluding wireless carriers from OTAP eligibility results in wireless carriers potentially receiving less federal funding than similarly situated wireline carriers, AWS maintains. This directly interferes with the implementation of the federal universal service program, contrary to §254(f) of the Act and the Supremacy Clause of the United States Constitution.

AWS also argues that the Commission may include wireless carriers as eligible telecommunications carriers because §7 of the RSPF provisions (Chapter 290, Oregon Laws 1987, 1991, 1993, 1995) includes wireless carriers in a surcharge program.

Commission Disposition. We agree with AWS that subscribers of wireless services should be eligible for assistance under the RSPF program. The proposed rule in this docket does not allow subscribers of wireless services to receive assistance under the RSPF. The proposed rule was based on ORS 759.005(g), which excludes wireless carriers from the definition of telecommunications services.

We believe, however, that when the Legislature required subscribers of wireless carriers to fund the RSPF program, it considered wireless services to be telecommunications services for the limited purpose of the RSPF programs.

We draw this conclusion from the language of Chapter 290, §7, Oregon Laws 1987, 1991, 1993, 1995. Chapter 290, as amended, creates the RSPF program. This program provides assistance to low income and hearing and speech impaired consumers of telecommunications services. Section 7 of the chapter assesses a surcharge on subscribers receiving telecommunications services and explains how wireless carriers are to assess the surcharge.

Section 7(1) states, in part:

the Public Utility Commission shall develop and implement a system for assessing a surcharge *** against each paying retail subscriber who has telecommunications service with access to the telecommunications relay service. *** For cellular, wireless or other radio common carriers, the surcharge shall be applied on a per instrument basis.

The first sentence assesses the surcharge against subscribers who have telecommunications service. The last sentence indicates the Legislature’s intent that subscribers of wireless service be included in the group of customers subject to the surcharge. For the purpose of the RSPF program, then, wireless subscribers are receiving telecommunications services. If we did not read the statute this way, there would be no affirmative statement assessing the surcharge on the subscribers of wireless services.

Consistent with that view, we read the Legislature’s purposes with regard to the RSPF program to also include subscribers of wireless services. Chapter 290, §2, states, "it is the policy of this state to assure that adequate, affordable residential telecommunications service is available to all citizens of this state." The use of the term "telecommunications services" in §2 should be consistent with the use of that term in §7.

Our interpretation comports with the common sense notion that as long as subscribers of wireless carriers must pay into the fund, the subscribers in that class should be entitled to receive benefits from the fund. This conclusion is also consistent with Chapter 290, §6(1), which directs the Commission to design a plan "to use, to the maximum extent possible, the available funding offered by the Federal Communications Commission."

Finally, the Commission believes that excluding these subscribers would lead to an unreasonable result. There is no public policy reason to exclude subscribers of wireless carriers from receiving the benefits of the RSPF program. This is particularly the case since these subscribers, as a class, must contribute to the program. As the Oregon Supreme Court concluded, statutes should be construed:

to ascertain the intention of the Legislature and to refuse to give literal application to language when to do so would produce "an absurd or unreasonable result," but rather, "to construe the Act, if possible, so that it is a reasonable and workable law and not inconsistent with the general policy of the Legislature ***." [Citations omitted.]

PP&L v. Tax Commission, 249 Or. 103, 110.

As a result, we have modified the proposed rule to allow participation by wireless carriers in the RSPF program.

ORDER

IT IS ORDERED that Staff’s proposed rules are adopted as modified above. The adopted version of the rules is attached as Appendix A and incorporated into this order by reference.

Made, entered, and effective .

A party may request rehearing or reconsideration of this order pursuant to ORS 756.561. A party may appeal this order to a court pursuant to applicable law.

AR 335

Note: Deleted language and New language

DIVISION 033

OREGON TELEPHONE ASSISTANCE PROGRAMS (OTAP)

Oregon Telephone Assistance Program (OTAP)

860-033-0005

OTAP Definitions

For the purpose of this division:

(1) "Residential Service Protection Fund." A means a legislatively approved fund in the Oregon State Treasury.

(2) "Residential Service Protection Fund Surcharge." A means a specified amount up to 35 cents per month against each paying retail subscriber who has telecommunications service with access to the telecommunications relay service.:

(a) 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 premises 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 telecommunications relay service. These central office based service lines that have restricted access to the Oregon Telecommunications Relay Service (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.

(b)(3) The surcharge does not apply to interconnection between telecommunications utilities, telecommunications cooperatives, competitive telecommunications 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.

(3) "Local Exchange Service" means a "local exchange telecommunications service" as defined in ORS 759.005(1)(c).

(4) "Oregon Telephone Assistance Program (OTAP)." A means a program established by the Public Utility Commission which offers reduced local exchange rates to eligible low-income residential customers.

(5) The Commission annually shall review the surcharge and the balance in the Residential Service Protection Fund and may make adjustments to the amount of the surcharge to ensure that the fund has adequate resources but that the fund balance does not exceed six months of projected expenses. The annual review by the Commission shall take place every January.

(6) "Outstanding Accounts" means amounts owing to the Commission including, but not limited to, current accounts receivable and accounts which the Commission has written off through appropriate legal procedures. The term does not include amounts owing to the Commission which have been lawfully discharged through bankruptcy proceedings or amounts which are the subject of a proceeding pending before the Commission.

(7) "Eligible Telecommunications Carrier" means a provider of telecommunications service, designated as such by the Commission to receive universal service support throughout the service area for which the designation is received, who meets the following criteria:

(a) The telecommunications service provider must offer the services supported by the federal universal service fund under 47 CFR Section 54.101 as adopted by the FCC on May 8, 1997, in CC Docket 96-45, either using its own facilities or a combination of its own facilities and resale of another carrier’s services (including the services offered by another eligible telecommunications carrier) throughout the service area, and

(b) The telecommunications service provider must advertise the availability of such services and the charges therefor using a medium of general distribution.

(8) A cellular, wireless, or other radio common carrier is eligible for designation as an "eligible telecommunications carrier" for purposes of the Residential Service Protection Fund program.

(9) "Toll Limitation Service" means a service provided by eligible telecommunications carriers that allows OTAP recipients to elect not to allow the completion of outgoing toll calls from their telecommunications circuits (toll blocking) or to specify a certain toll usage that may be incurred on their telecommunications circuits per month or per billing cycle (toll control).

Stat. Auth.: ORS Ch. 183, 756, 759 and Ch. 290, OR Laws 1987

Stat. Implemented: ORS 183 andCh. 290, Sections 7 and 8 ORS 756.040, 759.030 & Ch. 290, OR Laws 1987

Hist.: PUC 9-1988, f. & cert. Ef. 4-28-88 (Order No. 88-415); PUC 3-1992, f. & ef. 2-14-92 (Order No. 92-238); PUC 14-1995, f. & ef. 12-20-95 (Order No. 95-1328)

860-033-0010

OTAP Applicability:

The Oregon Telephone Assistance Program (OTAP) is designed to provide reduced rates for local exchange an eligible telecommunications carrier’s residential telecommunications service for low-income customers who meet eligibility requirements. Reduced rates apply to the single line, or service which is functionally equivalent to a single line, serving the eligible household’s principal residence. The Service Assistance Program surcharge is levied on each local access line for which the Federal Communications Commission (FCC) Subscriber Line Charge (SLC) applies. All telecommunications utilities, public utilities, competitive providers, cooperative corporations, and unincorporated associations providing local exchange telecommunications service are required to follow these provisions.

Stat. Auth.: ORS Ch. 183, 756 & 767 ,759 & Ch. 290, OR Laws 1987

Stat. Implemented: ORS 756.040, 759.030 & Ch. 290, OR Laws 1987

Hist.: PUC 9-1988, f. & cert. Ef. 4-28-88 (Order No. 88-415); PUC 3-1992, f. & ef. 2-14-92 (Order No. 92-238)

860-033-0030

OTAP Eligibility

(1) Eligibility for OTAP can be demonstrated by one of the following methods:

(a) Application to the Commission by an individual currently receiving benefits from the federal food stamp program or receiving benefits from another low-income public assistance program for which eligibility requirements do not exceed 135 percent of the poverty level;

(b) Certification by an agency contracting with the Commission to qualify an individual as meeting eligibility criteria; or

(c) Certification of eligibility in a public assistance program which the Commission has determined to meet eligibility criteria;.

(2) An applicant or recipient is required to furnish his or /her social security number prior to before determining their his/her OTAP eligibility in the OTAP can be determined. Failure to do so will result in denial of benefits.

(3) An applicant must sign a written authorization (OTAP application) permitting the Commission to release necessary information to a local exchange an eligible telecommunications carrier.

(4) The Commission must be able to verify an individual’s continuing participation in a qualifying program. Continuing OTAP eligibility will be based on annual periodic recertification by the Public Utility Commission.

(5) Local exchange carriers Eligible telecommunications carriers and OTAP shall treat OTAP data as confidential information to be used for program purposes only.

Stat. Auth.: ORS Ch. 183, 756 & 767,759 & Ch. 290, OR Laws 1987

Stat. Implemented: ORS 756.040, 759.030 & Ch. 290, OR Laws 1987 ORS Ch. 290, Sect. 6(5)

Hist.: PUC 9-1988, f. & cert. ef. 4-28-88 (Order No. 88-415); PUC 3-1992, f. & ef. 2-14-92 (Order No. 92-238); PUC 11-1995, f. & ef. 11-27-95 (Order No. 95-1217); PUC 6-1997, f. & ef. 1-10-97 (Order No. 97-005)

860-033-0035

OTAP Rates Benefits

(1) A Rresidential customers qualifying for the OTAP benefit shall pay a reduced monthly rate for local telephone an eligible telecommunications carrier's service as established by the Commission. The monthly OTAP benefit shall include:

(a) A waiver of up to 100 percent of the Federal Communications Commission's (FCC) Subscriber Line Charge (SLC) The federal baseline lifeline support of $3.50 from the Federal Communications Commission (FCC), including an additional portion of $1.75 approved by the FCC in FCC Order No. 97-157, Paragraph 351, and consented to by the states; and

(b) A monthly recurring rate which is reduced by an amount at least equal to the waived portion of the FCC Subscriber Line Charge. An additional federal lifeline support, in an amount equal to one-half the amount of support provided by the State of Oregon up to a federal maximum of $1.75, which shall be available to the eligible telecommunications carriers who provide OTAP benefits to qualifying low-income recipients.

(2) The OTAP benefit shall be provided for each billing period during which a customer has been determined eligible for assistance. Where When a customer has been determined eligible for less than an entire billing period, the benefit shall be prorated.

(3) Initial benefits become effective on the date PUC the Commission receives the signed OTAP application (written authorization) from an eligible customer.

(4) Customers removed from OTAP can may reapply by telephone when they again meet eligibility criteria. Benefits then become effective on the date the Commission reverifies the individual's customer's eligibility.

Stat. Auth.: ORS Ch. 183, 756 & 757 ,759 & Ch. 290, OR Laws 1987

Stat. Implemented: ORS 756.040, 759.030 & Ch. 290, OR Laws 1987

Hist.: PUC 9-1988, f. & cert. ef. 4-28-88 (Order No. 88-415); PUC 3-1992, f. & ef. 2-14-92 (Order No. 92-238)

860-033-0040

OTAP Alternatives Plans

(1) In lieu of participation in OTAP participation, a local exchange an eligible telecommunications carrier may apply to the Commission for authority to provide low-income telephone assistance by means of through an alternative plan. A local exchange An eligible telecommunications carrier's application shall demonstrate that:

(a) Customers eligible for OTAP will receive a benefit not less than the benefit the same customers would have received from OTAP;

(b) Customers who qualify for assistance under OTAP will also qualify for assistance under the local exchange eligible telecommunications carrier's alternative plan; and

(c) Administrative costs for an alternative plan will be no greater than the local exchange carrier's administrative costs would be if the local exchange eligible telecommunications carrier participated in OTAP.

(2) Local exchange Eligible telecommunications carriers providing low-income telephone assistance under an alternative plan shall inform the Commission monthly of the number of subscribers receiving a benefit and the total dollar amount in benefits provided by the local exchange eligible telecommunications carrier's plan.

(3) Eligible subscribers shall continue receiving benefits under the Commission plan until the local exchange eligible telecommunications carrier's alternative plan is approved by the Commission and imple-mented implemented by the local exchange eligible telecommunications carrier.

Stat. Auth.: ORS Ch. 183, 756 & 757,759 & Ch. 290, OR Laws 1987

Stat. Implemented: ORS 756.040, 759.030 & Ch. 290, OR Laws 1987

Hist.: PUC 9-1988, f. & cert. ef. 4-28-88 (Order 88-415)

860-033-0045

OTAP Compensable Expenses

(1) Local exchange Eligible telecommunications carriers shall be compensated from the Residential Service Protection Fund for specific costs incurred as a consequence of participating in OTAP. Local exchange Eligible telecommunications carriers shall request compensation by submitting an invoices to the Commission at least quarterly. Funds will be disbursed to a carriers no more than 20 days after the Commission receives a properly filed invoice is received by the Commission:

(a) Local exchange Eligible telecommunications carriers will be compensated for benefit costs. Compensation will equal the revenue carriers forego by providing local service to qualified low-income customers at a reduced rate. Invoices shall indicate the number of qualified customers who received the OTAP benefit during a specified period and the amount of revenue foregone during the same period;

(b) Local exchange Eligible telecommunications carriers shall receive compensation for each customer they enroll for the OTAP benefit at the Commission's request of the Commission. Invoices shall indicate the number of customers that who were enrolled during a specified period;

(c) Local exchange Eligible telecommunications carriers shall be compensated for the cost of preparing special administrative reports for OTAP. Invoices shall include the number and type of administrative reports prepared for the Commission during a specified period; and

(d) Local exchange Eligible telecommunications carriers shall be compensated for the cost of preparing and distributing educational materials about OTAP at the Commission's request of the Commission. Invoices shall indicate the number of customers receiving the materials and include an itemized accounting of the cost of preparing the materials.

(2) Compensation will be determined by the The Commission will determine the compensation based on the cost a local exchange an eligible telecommunications carrier would reasonably incur to accomplish each task referred to in section (1) of this rule.

(3) Local exchange Eligible telecommunications carriers providing low-income telephone assistance under an approved alternative plans shall be compensated for benefit and administrative costs. However, compensation from the Residential Service Protection Fund shall be no greater than the compensation carriers would have received had they participated in OTAP.

(4) Governmental agencies contracting with the Commission to certify the eligibility requirements of individuals or to perform other administrative functions authorized by these rules shall be compensated based on the terms of the contract.

Stat. Auth.: ORS Ch. 183, 756 & 757,759 & Ch. 290, OR Laws 1987

Stat. Implemented: ORS 756.040, 759.030 & Ch. 290, OR Laws 1987

Hist.: PUC 9-1988, f. & cert. ef. 4-28-88 (Order No. 88-415)

860-033-0046

OTAP Auditing and Accounting

(1) Based upon accounting procedures approved by the Commission, local exchange eligible telecommunications carriers shall maintain accounting records in such a manner so that costs associated with OTAP can be separately identified. Records shall be provided to PUC the Commission upon request.

(2) The OTAP staff shall conduct an internal audit on a biennial basis and report the results of the audit shall be reported to the Commission.

Stat. Auth.: ORS Ch. 183, 756 & 767 ,759 & Ch. 290, OR Laws 1987

Stat. Implemented: ORS 756.040, 759.030 & Ch. 290, OR Laws 1987

Hist.: PUC 9-1988, f. & cert. ef. 4-28-88 (Order No. 88-415); PUC 3-1992, f. & ef. 2-14-92 (Order No. 92-238)

Link-Up America

860-033-0050

Link-Up America Eligibility

(1) The Public Utility Commission adopts the Federal Communications Commission (FCC) eligibility criteria for Link-Up America in Part 36 of Title 47, Section 36.711, effective on February 27, 1989.

(a) Applicants can may self-certify to a local exchange an eligible telecommunications carrier eligibility criteria other than the income criteria criterion. The Commission must verify Iincome eligibility must be verified; and

(b) Applicants must be certified by an organization approved by the Commission as meeting the requirements of an established income test for a low-income assistance program offered through the Department of Human Resources.

(c) An applicant or recipient is required to furnish his or /her social security number prior to before determining their his/her eligibility in the OTAP can be determined. Failure to do so will result in denial of benefits.

(2) Security deposit requirements will be waived for residential applicants who are eligible for Link-Up America and who have met satisfactory satisfy the credit requirements of OAR Chapter 860, Division 021, or if the qualifying low-income consumer voluntarily elects toll blocking from the carrier, where available.

(3) If an applicant does not meet the credit requirements of OAR Chapter 860, Division 021, or has an outstanding bill with the local exchange eligible. telecommunications carrier, the deposit will not be waived and the applicant will be subject to the conditions and payment arrangements contained in OAR 860, Division 021.

(4) A local exchange An eligible telecommunications carrier shall offer a 50 percent reduction in its tariffed line connection charge, up to a maximum of $30, to eligible Link-Up America applicants. This assistance does not cover special features, or services, or deposits.

(5) Customers shall be entitled to pay the remaining line connection balance in no more than four equal monthly installments, provided the monthly payment is at least $2. If the equal monthly payment is under $2, a local exchange carrier may enter into an agreement for less than four months. An eligible telecommunications carrier shall offer a deferred schedule for payment of the charges assessed for commencing service, for which the consumer does not pay interest. The interest charges not assessed to the consumer shall be for connection charges of up to $200 that are deferred for a period not to exceed one year. Charges assessed for commencing service include any charges that the carrier customarily assesses to connect subscribers to the network. These charges do not include any permissible security deposit requirements.

(6) An eligible telecommunications carrier's Link-Up America program shall allow a customer to receive the benefit of the Link-Up America program for a second or subsequent time only for a principal place of residence with an address different from the address at which the Link-Up America assistance was previously provided.

(6)(7) Local exchange An eligible telecommunications carriers shall seek reimbursement from the National Exchange Carrier's Association (NECA), an authorized agent of the FCC.

(7)(8) Failure by a customer to make payments as agreed upon with the local exchange eligible telecommunications carrier will result in disconnection of service pursuant to OAR Chapter 860, Division 021.

(8)(9) Upon FCC approval of a Commission OTAP and Link-Up America plan, local exchange an eligible telecommunications carriers subject to Oregon Laws 1987, Chapter 290, shall file appropriate tariffs or price lists with the FCC and the Commission.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the office of the Public Utility Commission.]

Stat. Auth.: ORS Ch. 183, 756,& 757 759 & Ch. 290, OR Laws 1987

Stat. Implemented: ORS 756.040, 759.030 & Ch. 290, OR Laws 1987

Hist.: PUC 9-1988, f. & cert. ef. 4-28-88 (Order No. 88-415); PUC 8-1989, f. & cert. ef. 6-8-89 (Order No. 89-724); PUC 3-1992, f. & ef. 2-14-92 (Order No. 92-238); PUC 2-1996, f. & ef. 4-18-96 (Order 96-102); PUC 6-1997, f. & ef. 1-10-97 (Order No. 97-005)

Toll Limitation Service

860-033-0100

Toll Limitation Service

Upon request, a qualifying OTAP recipient shall be entitled to toll limitation service from an eligible telecommunications carrier, when available, at no additional charge.

Stat. Auth.: ORS Ch. 183, 756, 759 & Ch. 290, OR Laws 1987

Stat. Implemented: ORS 756.040, 759.030 & Ch. 290, OR Laws 1987

Hist.: NEW

Telecommunications Devices Access Program (TDAP)

860-033-0505

TDAP Definitions:

(1) "Adaptive Equipment." A means special telecommunications equipment that permits a disabled person, other than a person who is hearing- or speech-impaired person, to communicate effectively on the telephone.

(2) "Applicant." A means a person who applies for a telecommunication device for the deaf (TDD), adaptive equipment, and/or signal device.

(3) "Authorized TDD Distributor." A means a facility authorized by the Commission to distribute TDD/ or adaptive equipment.

(5)(4) "Disabled." A means a physical condition other than hearing or speech impairment that requires use of adaptive equipment before a person can utilize use the telephone.

(6)(5) "Distribution Center." A means a facility authorized by the Commission to distribute TDD/ or adaptive equipment.

(7)(6) "Household." means all All occupants living in one dwelling.

(7)(14) "Local Exchange Carrier." A means a "telecommunications public utility" as defined in ORS 759.005(1)(c) or cooperative association that switches and transports communications between customers linked inside an exchange.

(8) "Recipient." A means a person whose application for TDD device/ or adaptive equipment has been approved by the Commission and who receives TDD/ or adaptive equipment.

(9) " TDD/ or Adaptive Equipment Maintenance Service." A means a facility authorized by the Commission to repair any reasonably damaged TDD/ or adaptive equipment.

(10) "TeleBraille." A means a two-unit system designed for face-to-face and telephone communication through the use of a modified TDD equipped with a typewriter keyboard, visual display, and acoustical coupler, linked to a Braille display with a 20-cell dynamic Braille display.

(11) "Telecommunication Device for the Deaf Equipment" or "TDD Adaptive" means Vvarious telecommunication devices including TDD, signal device, surge suppresser, adaptive equipment, and Braille display enabling the TDD recipient to use the public telephone system.

(12) "Telecommunication Devices Access Program or (TDAP)." A means a program established by the Commission which with the Telecommunication Devices Access Program Advisory Committee's advice provides TDD or adaptive equipment and dual party relay services at no additional cost beyond telephone service for deaf, severely hearing-impaired, severely speech-impaired, or deaf-blind customers.

(4)(13) "Coordinator.TDAP Manager" A means a person employed by the Commission to implement the Telecommunication Devices Access Program (TDAP).

(14)(13) "Telephone Relay Center." A means a facility authorized by the Commission to provide telephone relay service.

Stat. Auth.: ORS Ch. 183, 290, 756,& 757 759 & Ch. 290, OR Laws 1987

Stat. Implemented: ORS 756.040, 759.030 & Ch. 290, OR Laws 1987

Hist.: PUC 7-1988, f. & cert. ef. 4-6-88 (Order No. 88-339); PUC 3-1992, f. & ef. 2-14-92 (Order No. 92-238)

860-033-0506

Telecommunication Devices Access Program Advisory Committee (TDAPAC)

The Telecommunication Devices Access Program Advisory Committee (TDAPAC) shall consist of 12 Oregon residents appointed by the Commission as prescribed by Oregon Law 1987, Chapter 290, Section 12. The TDAPAC shall meet regularly with the Coordinator TDAP Manager to give advice concerning matters of general development, implementation, and administration of TDAP. TDAPAC meetings are public, and minutes shall be provided to the public upon request.

Stat. Auth.: ORS Ch. 183, 290, 756, & 757 759 & Ch. 290, OR Laws 1987

Stat. Implemented: ORS 756.040, 759.030 & Ch. 290, OR Laws 1987

Hist.: PUC 7-1988, f. & cert. ef. 4-6-88 (Order No. 88-339); PUC 3-1992, f. & ef. 2-14-92 (Order No. 92-238); PUC 2-1996, f. & ef. 4-18-96 (Order 96-102)

860-033-0510

TDAP Applicability

The Telecommunication Devices Access Program (TDAP) is designed to provide TDD adaptive equipment and services to deaf, severely hearing-impaired, severely speech-impaired, or deaf-blind customers who meet eligibility requirements.

Stat. Auth.: ORS Ch. 183, 290, 756, & 757 759 & Ch. 290, OR Laws 1987

Stat. Implemented: ORS 756.040, 759.030 & Ch. 290, OR Laws 1987

Hist.: PUC 7-1988, f. & cert. ef. 4-6-88 (Order No. 88-339); PUC 3-1992, f. & ef. 2-14-92 (Order No. 92-238)

860-033-0530

TDAP Eligibility

(1) Eligibility to receive TDD/ or adaptive equipment from the TDAP can be demonstrated by meeting all of the following requirements:

(a) "Applicant" or applicant's parent or guardian is a customer of an Oregon local exchange eligible telecommunications carrier or has regular access to a specific telephone number;

(b) Applicant submits shall provide to the Commission a written form signed by a licensed physician, audiologist, speech pathologist, Vvocational Rrehabilitation counselor, the state Coordinator or a regional Ccoordinator of the Deaf and Hearing Impaired Access Program, or a person certified by the program as qualified to determine whether a person meets the eligibility requirements of TDAP,. The form shall stating state that the applicant is deaf, severely hearing-impaired, severely speech-impaired, or deaf-blind. The certification can may precede adoption of these rules. Such certification may be presented in any one either of the following ways:

(A) A written statement or signed audiogram describing the severity of the hearing loss; or

(B) A signed form developed by the Commission which permits the applicant to send the form to a professional with certification authority mentioned in paragraph (1)(a)(A.) of this rule. The Aapplicant's handicap may be a temporary disability and shall require professional verification of the extent and permanence of the disability.; and

(c) Applicants shall demonstrate their his/her ability to understand the nature and use of the TDD device/ adaptive equipment for the purposes of receiving or sending to receive or send messages via the telephone system. In the case of For an applicants below under 18 years of age, a parent or a guardian must apply on the applicant's behalf of the applicant and assume full responsibility for the TDD/ or adaptive equipment and services. Emancipated minors are considered adults.

(2) The Coordinator TDAP Manager shall only approve applications for persons who cannot use the telephone for expressive or receptive communication. The Coordinator TDAP Manager shall provide equipment suitable to access the telecommunications system.

(3) The Coordinator TDAP Manager shall provide one TDD/ or adaptive device for the deaf per household. However, two TDD/ or adaptive devices for the deaf may be provided to a household if more than one eligible person permanently resides in the household.

Stat. Auth.: ORS Ch. 183, 290, 756 & 757 ,759 & Ch. 290, OR Laws 1987

Stat. Implemented: ORS 756.040, 759.030, & Ch. 290, OR Laws 1987

Hist.: PUC 7-1988, f. & cert. ef. 4-6-88 (Order No. 88-339); PUC 18-1989, f. & cert. ef. 12-14-89 (Order No. 89-1602); PUC 3-1992, f. & ef. 2-14-92 (Order No. 92-238)

860-033-0535

TDD or Adaptive Equipment Ownership and Identification

The following are indications of ownership and identification procedures:

(1) All TDD/ or adaptive equipment purchased under the TDAP will remain the property of the State of Oregon. The distributors and distribution centers shall record the serial number of each TDD/ or adaptive equipment. A distribution center's failure to comply may terminate the center's contract with the State of Oregon.

(2) Any TDD/ or adaptive equipment distributed to eligible applicants under this program shall not be sold, loaned, or otherwise transferred from the possession of the original recipient. Unauthorized transfers will subject the recipient to repossession of the TDD/ or adaptive equipment, prosecution, or liability for the full purchase price of the equipment.

(3) Any recipient who moves to a different address within Oregon must report the new address to the PUC Commission within 20 days of the move. A recipient who moves to another state out of Oregon, or who is no longer a customer of an Oregon local exchange eligible telecommunications carrier for any reason, shall return all TDD/ or adaptive equipment received through the TDAP to a distribution center or the PUC Commission within 30 calendar days after termination of local exchange service or before leaving Oregon, whichever is sooner. However, a recipient may take TDD/ or adaptive equipment on travel outside of Oregon. The recipient must obtain written permission from the Coordinator TDAP Manager if the travel will be for more than 90 days.

(4) Recipients must complete training provided by PUC the Commission or a distribution center and sign the Conditions of Acceptance aAgreement before they receive TDD/ or adaptive equipment. The distribution center shall document the training for each recipient, including the specific date and time of completion, will also be documented by the distribution center.

(5) Recipients shall be liable to the Commission for damage done to the equipment as a result of negligence, recklessness, or intentional destruction. Recipients shall pay the damage in full. A substantial deposit for a second TDD/ adaptive device will be required. Recipients are not liable for damage caused to the equipment by normal wear and tear or acts of nature such as earthquakes and floods.

(6)(5) Stolen Equipment:

(a) If the equipment is stolen, a recipient must notify the local law enforcement agency within 24 hours of the date time the recipient discovers the theft. A recipient shall forward a copy of the police report to the Commission TDAP Manager or a distribution center within 5 five Commission business days of the date the theft was reported. If the local law enforcement agency does not respond to the recipient's theft report, the recipient must notify the Commission's TDAP Manager within two Commission business days after the theft was reported. The recipient shall forward his/her written report to the TDAP Manager which describes the theft and includes any witnesses' names, addresses, and telephone numbers.

(b) If the equipment is stolen outside the United States, the recipient must submit a copy of the police report to the TDAP Manager within five Commission business days of the date the theft was reported. If the local law enforcement agency does not respond to the recipient's theft report, the recipient must notify the TDAP Manager within two Commission business days after returning to Oregon. The recipient shall forward his/her written report to the TDAP Manager which includes the purpose of the recipient's travel; includes any witnesses' names, addresses, and telephone numbers; and describes the theft.

(7) The Commission may request information from a local exchange carrier regarding the status of recipients' exchange access service. Upon receipt of such a request, the local exchange carrier shall report to the Commission whether a recipient has ordered, is receiving, has requested termination, is in the process of terminating, or is not receiving local exchange service. The Commission shall provide the local exchange company with the name and telephone number of the recipient at the time the information is requested.

Stat. Auth.: ORS Ch. 183, 290, 756 & 757 ,759 & Ch. 290, OR Laws 1987

Stat. Implemented: ORS 756.040, 759.030 & Ch. 290, OR Laws 1987

Hist. PUC 7-1988, f. & cert. ef. 4-6-88 (Order No. 88-339); PUC 3-1992, f. & ef. 2-14-92 (Order No. 92-238)

860-033-0535(5) 860-033-0536

TDAP Recipients' Liability

Recipients shall be liable to the Commission held financially responsible for damage done to the equipment as a result of negligence, neglect, abuse, misuse, recklessness, or intentional destruction, or loss. Recipients shall pay the damage in full. A substantial deposit for a second TDD/ adaptive device will be required. Recipients are not liable for damage caused to the equipment by normal wear and tear or acts of nature such as earthquakes and floods. Recipients shall also be held financially responsible for the full replacement cost of the state's equipment if they move out of Oregon without returning the equipment.

Stat. Auth.: ORS Ch. 183, 290, 756 & 757 ,759 & Ch. 290, OR Laws 1987

Stat. Implemented: ORS 756.040, 759.030 & Ch. 290, OR Laws 1987

Hist. PUC 7-1988, f. & cert. ef. 4-6-88 (Order No. 88-339); PUC 3-1992, f. & ef. 2-14-92 (Order No. 92-238); Renumbered from 033-0535(5)

860-033-0537

Billing TDD or Adaptive Equipment Recipients

(1) Invoices:

(a) The Commission shall mail two invoice notices, at least 30 calendar days apart, indicating the amount of and the reason for such invoice to the responsible recipient at the last known address. The recipient shall have 30 calendar days to respond to each notice.

(b) The invoiced recipient may call or meet with the TDAP Manager to discuss and attempt to resolve the invoices. At the TDAP Manager's discretion, further investigation may be initiated. If the investigation finds that the invoice was issued in error (for example, there is no verifiable reason for the invoice having been sent), the invoice may be canceled.

(c) If the Commission does not receive payment, the TDAP Manager shall begin the complaint process pursuant to ORS 756.500.

(2) Incorrect address: When an invoice is returned with an incorrect address and the invoiced recipient has not notified the TDAP Manager of an address change as required by TDAP rules, the amount billed to the recipient shall become a liquidated debt.

(3) Recipients and applicants who request equipment must have paid all outstanding accounts with the Commission.

(4) Billing procedures for a household with more than two TDD adaptive equipment:

(a) The Commission shall mail a letter to the recipient who most recently applied for the equipment, asking the recipient to return the equipment within 30 days, and

(b) If the Commission does not receive a response, the Commission shall send an invoice to the recipient. If the recipient does not pay the amount billed, the Commission may bill one or all the recipients in the household to either regain possession of the State of Oregon's equipment or receive the full replacement value of such equipment.

Stat. Auth: ORS Ch. 183, 756, 759 & Ch. 290, OR Laws 1987

Stat. Implemented: ORS 756.040, 759.030 & Ch. 290, OR Laws 1987

Hist.: NEW

860-033-0540

TDD or Adaptive Equipment Distribution Procedures

(1) Subject to appropriation and to the approval of expenditures for the TDD/ or adaptive equipment and services purchased by the Commission, the Commission may contract with any governmental agency or other entity to establish authorized TDD/ or adaptive equipment distributors, a TDD/ or adaptive equipment distribution center network, and a TDD/ or adaptive equipment maintenance center network.

(2) In the event If demand exceeds supply, the Commission will distribute TDD/ or adaptive equipment to customers on a first-come first-serve basis.

(3) The authorized TDD distributors shall inform the Coordinator TDAP Manager in writing of all incoming and outgoing shipping orders of TDD/ or adaptive equipment. The written information shall include the serial number they engraved on all TDD/ or adaptive equipment.

(4) The TDD/ or adaptive equipment distribution centers shall inform the Coordinator TDAP Manager in writing of all incoming and outgoing shipping of TDD/ or adaptive equipment with the engraved serial numbers.

(5) Upon notice from the Coordinator TDAP Manager, the distribution centers shall distribute TDD/ or adaptive equipment to eligible applicants found to be eligible.

(6) A network of "strategically placed" distribution centers around the state of in Oregon shall be established to serve the recipients. In sparsely populated areas where the distribution centers are out of reach of a recipient's residence, or when a recipient is physically unable to go to a distribution center, a recipients shall correspond directly with the Coordinator TDAP Manager. Upon delivery of the TDD/ or adaptive equipment to the Coordinator TDAP Manager, the Coordinator TDAP Manager will arrange the necessary training and delivery of the TDD/ or adaptive equipment.

(7) The distribution centers shall require all applicants, including parents or and legal guardians, to sign the Conditions of Acceptance Agreement form supplied by the Coordinator TDAP Manager before they are provided TDD/ or adaptive equipment or are eligible to receive training. The distribution centers and maintenance centers shall forward all forms to the Coordinator TDAP Manager.

(8) The distribution centers shall provide basic training approved by the Coordinator TDAP Manager, not including a course in typing or use of the telephone network, to all recipients, parents, or and legal guardians in the proper use of TDD/ or adaptive equipment and in associated rights and responsibilities. The center shall document and report to the Coordinator TDAP Manager the specific times and dates of each training provided for each appli-cant applicant. No applicant shall be issued a device before completing the required training.

(9) The distribution centers shall inform the Coordinator TDAP Manager in writing of those applicants who failed to report for training and receipt of devices.

(10) Neither authorized TDD/ or adaptive equipment distributors, distribution centers, TDD/ adaptive equipment maintenance centers, nor the Coordinator TDAP Manager shall provide replacement paper for the TDD/ or adaptive equipment, the payment of the recipient's monthly telephone bill, purchase or lease cost of recipient's telephone, or the cost of replacement light bulbs for signal devices.

(11) The distribution center shall disseminate a copy of telephone rate reduction application forms, mailing forms for purchasing TDD paper, and telephone relay service information handouts.

Stat. Auth.: ORS Ch. 183, 290, 756 & 757,759 & Ch. 290, OR Laws 1987

Stat. Implemented: ORS 756.040, 759.030 & Ch. 290, OR Laws 1987

Hist.: PUC 7-1988, f. & cert. ef. 4-6-88 (Order No. 88-339); PUC 18-1989, f. & cert. ef. 12-14-89 (Order No. 89-1602); PUC 3-1992, f. & ef. 2-14-92 (Order No. 92-238)

860-033-0545

TDAP Compensable Expense

(1) The authorized TDD/ or adaptive equipment distributors, distribution centers, maintenance centers, and Oregon local exchange eligible telecommunications carriers shall be compensated from the Residential Services Protection Fund for specific costs incurred as a consequence result of participating in the TDAP. These contracted TDD programs and services shall request compensation by submitting an invoice to the Commission at least quarterly. Funds will be disbursed to these contracted TDD programs or services no more than 20 days after a properly filed invoice is received by the Commission:

(a) The local exchange eligible telecommunications carriers shall be compensated for the costs associated with the verification of service status and notification to the Coordinator TDAP Manager of service termination under OAR 860-033-0535(7);.

(b) The authorized TDD/ or adaptive equipment distributors will be compensated for selling, coordinating, and storing the TDD/ or adaptive equipment. Invoices shall indicate all services performed by distributors as well as and the number of the TDD/ or adaptive equipment provided to recipients. Compensable services shall include the cost of engraving TDD/ or adaptive equipment with an identification number, shipping costs, storage costs, delivery costs, and other related costs;.

(c) The distribution centers will be compensated for the cost of preparing and distributing the TDD/ or adaptive equipment and maintenance request services for requested by the customers. Invoices shall indicate the number of the TDD/ or adaptive equipment unit including the engraved identification on either distributing TDD/ or adaptive equipment to the recipient or receiving TDD/ or adaptive equipment repair orders from the recipient. The specific tasks of preparation and services in distributing the TDD/ or adaptive equipment shall be subject to written agreement between the Commission and the contracted TDD/ or adaptive equipment personnel;.

(d) The TDD/ or adaptive equipment maintenance centers shall be compensated for repairing the damaged TDD/ or adaptive equipment, the storage of extra TDD/ or adaptive equipment replacements, and the required insurance for storage. Invoices shall indicate the labor and parts of the damaged TDD/ or adaptive equipment, the storage cost, and the insurance premium cost, including engraved TDD/ or adaptive equipment identification inventory;.

(e) The Commission will determine the rate of compensation will be determined by the Commission based on the cost the distribution center should reasonably incur to accomplish each task.

(2) Based upon accounting procedures established by the Commission, the TDD/ or adaptive equipment distributors, TDD/ adaptive equipment distribution centers, and TDD/ adaptive equipment maintenance centers shall maintain accounting records in such a manner that costs associated with TDAP can be separately identified. Their records will be audited by the Commission.

Stat. Auth.: ORS Ch. 183, 290, 756 & 757,759 & Ch. 290, OR Laws 1987

Stat. Implemented: ORS 756.040, 759.030 & Ch. 290, OR Laws 1987

Hist.: PUC 7-1988, f. & cert. ef. 4-6-88 (Order No. 88-339); PUC 3-1992, f. & ef. 2-14-92 (Order No. 92-238)

860-033-0560

Oregon Telecommunications Relay Service (OTRS)

(1) OTRS will comply with the Americans with Disabilities Act's requirements incorporated with the Federal Communications Commission's Adopted Rules of CC Docket No. 90-571, dated July 11, 1991.

Stat. Auth.: ORS Ch. 183, 756, 759 & Ch. 290, OR Laws 1987

Stat. Implemented: ORS 756.040, 759.030 & Ch. 290, OR Laws 1987

Hist.: PUC 3-1992, f. & ef. 2-14-92 (Order No. 92-238)