Chapter 759 — Telecommunications Utility Regulation

ORS 759.070 Charge to access public body radio tower; market rate; exception

(1)

As used in this section:

(a)

“Market rate” means a price, lease rate or other form of compensation for goods or services provided by a public body, when participating in a proprietary transaction, that is comparable to the average price, lease rate or other form of compensation in the same market for the same goods or services provided by a private-sector provider.

(b)

“Private business” does not include a nonprofit emergency services organization.

(c)

“Public body” has the meaning given that term in ORS 174.109.

(d)

“Radio tower” means a lattice tower that is generally 60 to 200 feet tall with three or four steel support legs, or a monopole that is generally 25 to 125 feet tall, to which multiple antennae may be attached to accommodate a variety of communication services, including radio communications service, radio paging and cellular communications service.

(2)

A public body shall charge a private business a market rate for access to a radio tower if the private business uses the radio tower to deliver any of the following communication services for hire:

(a)

Radio communications service;

(b)

Radio paging; or

(c)

Cellular communications service.

(3)

Subsection (2) of this section does not prohibit a public body, when participating in a proprietary transaction, from charging or receiving compensation in the form of an exchange of goods or services or in any other nonmonetary form.

Note: 759.070 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 759 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

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