Oregon Law
Law as of Jan 1, 2026
Chapter contents
759.005Definitions 759.010[1987 c.447 §2; 1989 c.17 §2; repealed by 2005 c.232 §2] 759.015Legislative findings on universal telecommunications service 759.016Legislative findings on broadband services 759.020Certificate of authority; application; procedure; criteria; intrastate toll service level; rules 759.025Certificates of authority for persons, companies and corporations providing services on January 1, 1986 759.027Shared telecommunications service provider; alternative access to local exchange telecommunications services 759.030[Formerly 757.825; 1991 c.301 §1; repealed by 2005 c.232 §6] 759.035Duty to furnish adequate and safe service at reasonable rates 759.036Commission authority 759.040Exemptions for certain unaffiliated utilities with fewer than 50,000 access lines 759.045Special rules for utilities exempted from regulation under ORS 759.040 759.050Competitive zone service regulation 759.052Commission authority to exempt telecommunications services from regulation 759.054Price listing for product or service offered as part of local exchange telecommunications services 759.056Price listing for product or service offered as part of interexchange telecommunications services 759.058Commission action on petition under ORS 759.052, 759.054 or 759.056 759.060Information submitted by local exchange telecommunications utilities; rules exempting disclosure 759.070Charge to access public body radio tower; market rate; exception 759.075Authority to construct lines and facilities; condemnation power; procedure 759.080Use of property outside limits of municipal corporation; agreement; condemnation upon failure to agree 759.100[1987 c.447 §5; repealed by 2005 c.232 §14] 759.105[1989 c.484 §7; renumbered 759.219 in 2005] 759.110[1987 c.447 §6; repealed by 2005 c.232 §14] 759.115[1987 c.447 §7; repealed by 2005 c.232 §14] 759.120Form and manner of accounts prescribed by commission 759.125Records and accounts prescribed by commission; prohibition on other records or accounts; exception; blanks for reports 759.130Closing date of accounts; filing balance sheet; audit 759.135Depreciation accounts; undepreciated investment allowed in rates; conditions 759.175Filing rate schedules and data with commission 759.180Hearing on reasonableness of rates; procedures; exceptions 759.182Rate schedules for service promotions; rules 759.185Suspension of rates pending hearing; time limitation; refund of revenue collected; interim rates 759.190Notice of schedule change 759.195Price listing of services; conditions; maximum rates; essential services; justification by utility of rates for price-listed services; rules 759.200Inclusion of amortizations in rates; deferral of certain expenses or revenues; limitation on amounts; prohibited uses 759.205Conformance of rates charged with schedule 759.210Classification of service and rates; considerations; rules 759.215Public access to schedules 759.217[2001 c.957 §17; repealed by 2011 c.83 §26] 759.218Revenues and expenses of unregulated activities 759.219Certain taxes as operating expense; charge pro rata to users; condition 759.220Joint rates and classifications; procedure; considerations 759.225Application of ORS 759.220 to unincorporated associations and cooperative corporations 759.230Measured service rate for business customers; restriction 759.235Mandatory measured service rate; prohibition 759.240Measuring quality of service; standards; rules 759.245Examination and testing of measuring appliances; rules; fees 759.250Contracts for special services; procedure for filing and approval; subsequent review and investigation 759.255Setting prices without regard to return on utility investment; petition; findings; conditions; application of statutes to approved plan 759.257Extended area service: Portland to Scappoose 759.259Extended area service: Portland to Molalla 759.260Unjust discrimination in rates 759.265Practices not constituting unjust discrimination 759.267Service promotion activities 759.270Reducing rates for persons furnishing part of facilities; rental of customer facilities; furnishing meters and appliances 759.275Undue preferences and prejudices 759.280Soliciting or accepting rebates or special advantage 759.285Charging rates based on cost of property not presently providing service 759.290[1989 c.621 §2; repealed by 2007 c.823 §6] 759.300“Stocks” defined 759.305Power to regulate issuance of telecommunications stocks; rules 759.310When issuance of securities void 759.315Purposes for which securities may be issued; order required; exceptions; rules 759.320Application of ORS 759.315 759.325Application of ORS 759.375 759.330Hearings and supplemental orders for securities issuance; joint approval for issuance by utility operating in another state 759.335Obligation of state as consequence of approval of issuance 759.340Conditional approval of issuance 759.345Use of proceeds from issuance; accounting; rules 759.350Limitation on authority of utility to guarantee debt of another 759.355Issuance or use of proceeds contrary to commission order 759.360Prohibited acts regarding issuance of securities 759.375Approval prior to sale, mortgage or disposal of operative utility property 759.380Purchase of stock or property of another utility 759.385Contracts regarding use of utility property; filing with commission; investigation 759.390Contracts with affiliated interests; procedure; use in rate proceedings 759.393Applicability of ORS 759.385 and 759.390 759.394[1991 c.899 §4; repealed by 1999 c.809 §5] 759.395[1987 c.447 §45; repealed by 1991 c.315 §1] 759.400Definitions for ORS 759.400 to 759.455 759.405Election of regulation under ORS 759.405 and 759.410; conditions; Telecommunications Infrastructure Account; remedy for failure of utility to comply with conditions 759.410Intent of ORS 759.410; establishing maximum and minimum price for telecommunications services; packaging services; notice of price change, new service; enforcement 759.415Order in rate proceeding filed prior to January 1, 1999, to establish maximum rate for affected telecommunications services; dismissal of rate proceeding filed after January 1, 1999 759.420Application of ORS 759.400 to 759.455 to wholesale transactions regulated under federal law 759.425Universal service fund; transfer of moneys to Broadband Fund; commission to establish price for basic telephone service; universal service surcharge; application to cellular services; rules 759.430Approval of projects funded by carrier’s Telecommunications Infrastructure Account; Connecting Oregon Communities Advisory Board; rules 759.435Assessment of telecommunications infrastructure and community needs; contents; report 759.440Additional funding for evaluating project plans 759.445Connecting Oregon Communities Fund; School Technology Account; Public Access Account 759.450Minimum service quality standards; rules; customer impact indices; factors; wholesale services; improvement plan; penalties; exceptions 759.455Prohibited acts; commission action on allegation of violation; penalties; judicial review 759.500Definitions for ORS 759.500 to 759.570 759.505[1987 c.447 §54; repealed by 2005 c.232 §32] 759.506Purpose of allocated territory laws; carrier of last resort obligations; exemptions from obligations; reinstatement of obligations 759.510[1987 c.447 §55; repealed by 2005 c.232 §32] 759.515[1987 c.447 §56; repealed by 2005 c.232 §32] 759.520[1987 c.447 §57; repealed by 2005 c.232 §32] 759.525[1987 c.447 §58; 2005 c.22 §509; repealed by 2005 c.232 §32] 759.530[1987 c.447 §59; repealed by 2005 c.232 §32] 759.535Application to serve unserved territory; hearing; notice 759.540[1987 c.447 §61; repealed by 2005 c.232 §32] 759.545[1987 c.447 §62; repealed by 2005 c.232 §32] 759.550[1987 c.447 §63; repealed by 2005 c.232 §32] 759.555[1987 c.447 §64; repealed by 2005 c.232 §32] 759.560Assignment or transfer of allocated territory; rules 759.565Injunction against unauthorized provision of service 759.570Application of law to local government 759.575[1987 c.447 §68; repealed by 1993 c.204 §5] 759.580Power of commission to require service to unserved territory 759.585Definitions for ORS 759.585 to 759.595 759.590Application for service by unserved person; rules 759.595Criteria for granting application for service; effect on other territorial allocation 759.600[1989 c.574 §5; repealed by 1991 c.307 §4] 759.650Definitions for ORS 759.650 to 759.675 759.655Authority of commission to regulate attachments 759.660Fixing charges or rates; criteria; costs of hearing 759.665Considerations in determining just and reasonable rate 759.670Presumption of reasonableness of rates set by agreement 759.675Regulatory procedure 759.680Operator service provider duties to service users; rules 759.685Surcharge assessed on retail telecommunications subscribers; rules 759.687Residential Service Protection Fund 759.688[2017 c.434 §1; repealed by 2025 c.502 §8] 759.689Use of surcharge for marketing and outreach to increase participation rate in plan of assistance 759.690[1989 c.623 §2; renumbered 759.680 in 2017] 759.693Definitions 759.694Legislative recognition of need 759.695Program for assistive telecommunication devices and communication facilitator services; program for adaptive equipment 759.696Telecommunication Devices Access Program Advisory Committee; duties; members 759.697Program coordinator; program administration 759.698Eligibility 759.700Definitions for ORS 759.700 to 759.720 759.705Program message preamble; information to be included 759.710Pay-per-call information; disclosure 759.715Information service blocking; suspension or termination of telephone service for nonpayment of information service charges; rules 759.720Action against information provider for failure to comply with law; remedies; customer liability for charges 759.730Unauthorized changes in telecommunications carriers (“slamming”); rules 759.900Liability of utility; effect on other remedies; liability for personal injury or property damage 759.990Penalties

Chapter 759 — Telecommunications Utility Regulation

ORS 759.285 Charging rates based on cost of property not presently providing service

No telecommunications utility shall, directly or indirectly, by any device, charge, demand, collect or receive from any customer, rates which are derived from a rate base which includes within it any construction, building, installation or real or personal property not presently used for providing utility service to the customer.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Earlier statutory text is available in an ingested published ORS edition.