The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

PUBLIC UTILITY COMMISSION

 

DIVISION 33
RESIDENTIAL SERVICE PROTECTION FUND (RSPF)

860-033-0001
Applicability
(1) The rules in this Division apply
to all telecommunications providers including, but not limited to cellular, wireless,
or other radio common carriers that offer service in Oregon with access to the Oregon
Telecommunications Relay Service and to the applicants for and recipients of RSPF
benefits.
(2) Upon request or its own
motion, the Commission may waive any of the division 33 rules for good cause shown.
A request for waiver must be made in writing, unless otherwise allowed by the Commission.
Stat. Auth.: ORS 183, 756, 759 &
1987 OL Ch. 290
Stats. Implemented: ORS 756.040
& 1987 OL Ch. 290
Hist.: PUC 3-1999, f. &
cert. ef. 8-10-99; PUC 12-2009, f. & cert. ef. 11-13-09; PUC 6-2011, f. &
cert. ef. 9-14-11; PUC 5-2013(Temp), f. & cert. ef. 6-28-13 thru 12-24-13; PUC
7-2013, f. & cert. ef. 12-20-13
860-033-0005
Definitions
For the purpose of this division:
(1) "Basic Service" means
"basic telephone service" as defined in OAR 860-032-0190. For qualifying low-income
recipients, basic service also includes access to toll-limitation services.
(2) “Competitive Provider”
means a competitive telecommunications provider as defined in ORS 759.005(1) that
provides services authorized under 759.020.
(3) “Cooperative”
means a cooperative corporation or association that provides local exchange telecommunications
service within its own exchanges, is organized under ORS Chapter 62, and is certified
under 759.025(2).
(4) “Duplicate Support”
means a customer is receiving OTAP or Lifeline supported services on two or more
single lines or single line equivalents concurrently, or two or more customers in
a household are receiving OTAP or Lifeline supported services concurrently.
(5) “Economic unit”
means all individuals contributing to and sharing in the income and expenses of
a household, including individuals with no income who benefit from another individual’s
financial support.
(6) “Eligible Telecommunications
Carrier” means a provider of telecommunications service, including a cellular,
wireless, or other radio common carrier, that is certified by order of the Commission
as eligible to receive federal universal service support throughout a designated
service area by having met the eligibility criteria set forth in 47 C.F.R. §
54 Subpart C (2012) and in orders of the Commission.
(7) "Eligible Telecommunications
Provider" means a provider of telecommunications service, including a cellular,
wireless, or other radio common carrier, that is certified by order of the Commission
as eligible to provide OTAP to its qualifying customers throughout a designated
service area by having met the following eligibility criteria:
(a) Offers services under
47 C.F.R. § 54 Subpart E (2013) using either 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).
Under 47 C.F.R. § 54 Subpart C (2012), the requirement of using its "own facilities"
includes, but is not limited to, purchasing unbundled network elements from another
carrier;
(b) Advertises the availability
of and the charges for such services using media of general distribution; and
(c) Demonstrates that it
will comply with OAR 860-033-0005 through 860-033-0110.
(8) “Household”
means any individual or group of individuals who are living together at the same
address as one economic unit.
(9) “Income”
means all income actually received by all members of a household. This includes
but is not limited to salary before deductions for taxes, public assistance benefits,
social security payments, pensions, unemployment compensation, veteran's benefits,
inheritances, alimony, child support payments, worker's compensation benefits, gifts,
and lottery winnings. The only exceptions are student financial aid, military housing
and cost-of-living allowances, irregular income from occasional small jobs such
as babysitting or lawn mowing, and the like.
(10) “Lifeline”
means a program established by the Federal Communications Commission as defined
in 47 C.F.R. § 54 Subpart E (2013).
(11) “Lifeline Household
Worksheet” means a form that the Commission sends to an applicant when the
Commission is unable to determine if an applicant and a current OTAP or Lifeline
customer are part of a separate economic unit or household.
(12) "Local Exchange Service"
means a "local exchange telecommunications service" as defined in ORS 759.005(3).
(13) “Low-income customer”
means an individual who demonstrates eligibility for Lifeline supported services
or the Oregon Telephone Assistance Program in OAR 860-033-0030.
(14) “Marketing materials”
means all media, including but not limited to print, audio, video, Internet (including
email, web, and social networking media), and outdoor signage, that describe the
OTAP or Lifeline supported service offering.
(15) "Oregon Telephone Assistance
Program” or “OTAP" means a program established by the Commission that
offers reduced local exchange rates to eligible low-income residential customers.
OTAP establishes the requirements for Eligible Telecommunications Carriers to offer
Lifeline supported services in Oregon and may provide benefits that are in addition
to those offered in Lifeline.
(16) “Oregon Telecommunications
Relay Service” or “OTRS” means a facility authorized by the Commission
to provide telecommunications relay service.
(17) "Outstanding Accounts"
means amounts owing to the Commission including current accounts receivable and
accounts that the Commission has written off through appropriate legal procedures.
The term does not include amounts owing to the Commission that have been lawfully
discharged through bankruptcy proceedings or amounts that are the subject of a proceeding
pending before the Commission.
(18) “Remittance Report"
means the reporting form identified by that title that is available on the Commission’s
website at http://www.oregon.gov/puc/Pages/telecom/rspf/index.aspx.
(19) "Residential Service
Protection Fund” or “RSPF" means a legislatively approved fund in the
Oregon State Treasury that supports the Oregon Telephone Assistance Program, the
Telecommunication Devices Access Program and the Oregon Telecommunications Relay
Service.
(20) "RSPF Surcharge" means
a specified amount up to 35 cents per month collected from each paying retail subscriber
who has telecommunications service with access to the telecommunications relay service,
except as provided in OAR 850-033-0006(2).
(21) “RSPF Surcharge
Exception Form” means the reporting form identified by that title that is
available on the Commissions website at http://www.oregon.gov/puc/Pages/telecom/rspf/index.aspx.
(22) “Telecommunication
Devices Access Program” or “TDAP" means a program established by the
Commission that provides Assistive Telecommunication Devices or Adaptive Equipment
at no additional cost beyond telephone service for customers who are deaf, hard
of hearing, speech-impaired, deaf-blind or have a disability.
(23) “Telecommunications
provider” includes competitive providers, cooperatives and telecommunications
utilities.
(24) “Telecommunications
service” means the offering of telecommunications as defined in 47 C.F.R.
54.5 (2012) for a fee directly to the public, or to such classes of users as to
be effectively available directly to the public, regardless of the facilities used.
(25) “Telecommunications
utility” means a person who is not a competitive provider and is designated
as a telecommunications utility under OAR 860-032-0010.
(26) "Toll Limitation Service"
means a service provided by an Eligible Telecommunications Provider that allows
an OTAP recipient to choose to block the completion of outgoing toll calls (toll
blocking) or to specify a certain toll usage that may be incurred per month or per
billing cycle (toll control).
(27) “Tribal Lifeline”
means a Lifeline service for eligible residents of Tribal lands as defined in 47
C.F.R. § 54 Subpart E (2013).
(28) “Tribal Link Up”
means a federal assistance program for eligible residents of Tribal lands as defined
in 47 C.F.R. § 54 Subpart E (2013).
(29) “Universal Service
Administrative Company” means an independent, not-for-profit corporation designated
by the Federal Communications Commission as the administrator of the universal service
fund.
Stat. Auth.: ORS 183, 756, 759 &
1987 OL Ch. 290
Stats. Implemented: ORS 756.040,
759.036 & 1987 OL Ch. 290
Hist.: PUC 9-1988, f. &
cert. ef. 4-28-88 (Order No. 88-415); PUC 5-1992, f. & cert. ef. 2-14-92 (Order
No. 92-238); PUC 7-1995(Temp), f. & cert. ef. 8-17-95 (Order No. 95-860); PUC
14-1995, f. & cert. ef. 12-20-95 (Order No. 95-1328); PUC 18-1997, f. &
cert. ef. 12-17-97; PUC 18-2000, f. & cert. ef. 10-24-00; PUC 4-2001, f. &
cert. ef. 1-24-01; PUC 19-2003, f. & cert. ef. 11-14-03; PUC 16-2004, f. &
cert. ef. 12-1-04; PUC 12-2009, f. & cert. ef. 11-13-09; PUC 9-2011, f. &
cert. ef. 10-4-11; PUC 5-2013(Temp), f. & cert. ef. 6-28-13 thru 12-24-13; PUC
7-2013, f. & cert. ef. 12-20-13
860-033-0006
Monthly RSPF Surcharge: General
Provisions, Remittance Reports and Payment
(1) The surcharge rate and the balance
in the RSPF are reviewed annually by the Commission each October. The Commission
may adjust the amount of the surcharge to ensure the fund has adequate resources
but does not exceed six months of projected expenses. A rate adjustment ordered
by the Commission following the annual review becomes effective January 1 of the
year following the review.
(2) The surcharge imposed
by 1987 Oregon Laws Chapter 290, Section (7)(1) does not apply to entities upon
which the state is prohibited from imposing the surcharge by the Constitution or
laws of the United States or the Constitution or laws of the State of Oregon including,
but not limited to:
(a) Counties and political
subdivisions.
(b) Federal, state and municipal
government bodies or public corporations. For purposes of this rule, "public corporation"
means a corporation formed by a state or local government authority for the public's
benefit or for a public purpose. A regional housing authority qualifies as a public
corporation.
(c) Federally chartered corporations
specifically exempt from state excise taxes by federal law.
(d) Federally recognized
Native-American Tribes, and tribal members who live within federally recognized
Indian country and are enrolled members of the tribe with sovereignty over that
Indian country.
(e) Foreign government offices
and representatives that are exempt from state taxation by treaty provisions.
(f) Interconnection between
telecommunications utilities, telecommunications cooperatives, competitive telecommunications
services providers certified under ORS 759.020, radio common carriers and interexchange
carriers.
(g) Any other agency, organization
or person claiming an exemption is required to identify the authority for its claim
to a provider. If a telecommunications provider is unable to determine the status
of a subscriber the Commission will determine whether the subscriber is exempt.
(3) Collection of RSPF Surcharge.
(a) Each telecommunications
provider must collect the RSPF surcharge by charging the specified amount to each
retail subscriber with access to the telecommunications relay service, including
OTAP eligible subscribers. The RSPF surcharge is applied on a telecommunications
circuit designated for a particular subscriber.
(A) One subscriber line is
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.
(B) For providers of central
office based services, the surcharge is applied to each line that has unrestricted
connection to the telecommunications relay service. For central office based service
lines that have restricted access to the OTRS, the surcharge is charged based on
software design.
(b) Each cellular, wireless,
or other radio common carrier must collect the RSPF surcharge by charging the specified
amount to each retail subscriber with access to the telecommunications relay service,
including OTAP eligible subscribers. The surcharge is applied on a per-instrument
basis.
(c) Each telecommunications
provider and each cellular, wireless, or other radio common carrier must identify
the surcharge on each retail customer’s bill as a separate line item named
“RSPF Surcharge.”
(4) A telecommunications
provider or a cellular, wireless, or other radio common carrier may remit surcharges
due to the Commission by electronic transfer, mail or in person.
(5) The Remittance Report
and surcharges are due to the Commission on or before the 21st calendar day after
the close of each month and must be received in the Commission’s offices no
later than 5 p.m. Pacific Standard Time on the due date. A surcharge remittance
or Remittance Report postmarked on the due date does not meet the requirements of
this section and will not be considered as timely submitted.
(6) Each telecommunications
provider and each cellular, wireless, or other radio common carrier must submit
the Remittance Report and surcharge with no exceptions. If no surcharge is collected,
the telecommunications provider or the cellular, wireless, or other radio common
carrier must still submit its monthly Remittance Report specified in section (5)
of this rule.
(7) For each billing period
that a telecommunications provider or a cellular, wireless, or other radio common
carrier fails to submit the surcharge fees in full on or before the due date required
by these rules, the telecommunications provider or the cellular, wireless, or other
radio common carrier must pay a late payment fee in accordance with OAR 860-001-0050.
(8) If the telecommunications
provider or the cellular, wireless, or other radio common carrier fails to remit
the surcharge in full on or before the due date, the telecommunications provider
or the cellular, wireless, or other radio common carrier must pay interest in accordance
with OAR 860-001-0050.
(9) If a telecommunications
provider or a cellular, wireless, or other radio common carrier fails to file a
Remittance Report as required by these rules, the telecommunications provider or
the cellular, wireless, or other radio common carrier must pay a late report fee
in accordance with OAR 860-001-0050.
(10) If the amount shown
due on a Remittance Report is not paid by the due date, the Commission may issue
a proposed assessment to set the sum due. The Commission may waive the late report
fee, the late payment fees and the interest on the unpaid surcharge fees, or any
combination thereof, if the telecommunications provider or the cellular, wireless,
or other radio common carrier files a written waiver request and provides evidence
showing that the telecommunications provider or the cellular, wireless, or other
radio common carrier submitted the Remittance Report and surcharge fees late due
to circumstances beyond its control. The request must be filed in accordance with
OAR 860-001-0140 and 860-001-0170.
(11) The telecommunications
provider or the cellular, wireless, or other radio common carrier must pay a fee
in accordance with OAR 860-001-0050 for each payment returned for non-sufficient
funds.
(12) The telecommunications
provider or the cellular, wireless, or other radio common carrier is responsible
for and must pay all costs incurred by the Commission to collect a past-due RSPF
surcharge from the telecommunications provider or the cellular, wireless, or other
radio common carrier.
(13) Remittance Report Records:
A telecommunications provider and a cellular, wireless, or other radio common carrier
must keep all records supporting each Remittance Report for three years, or if a
Commission review or audit is pending, until the review or audit is complete, whichever
is later.
(14) In addition to any other
penalty, obligation, or remedy provided by law, the Commission may suspend or cancel
the telecommunications provider’s certificate of authority to provide telecommunications
service in Oregon for its failure to file its Remittance Report or its failure to
remit the surcharge in full.
(15) Except as otherwise
provided by law, if after an audit or review the Commission determines that the
telecommunications provider or the cellular, wireless, or other radio common carrier
has remitted an excessive amount, the Commission will provide the telecommunications
provider or the cellular, wireless, or other radio common carrier a credit in that
amount against sums subsequently due from that telecommunications provider or that
cellular, wireless, or other radio common carrier.
(16) A telecommunications
provider or a cellular, wireless, or other radio common carrier must submit any
revisions to a Remittance Report no later than three years from the due date of
the Remittance Report. If the Commission concludes that a telecommunications provider
or cellular, wireless, or other common carrier remitted an excessive amount and
that refunding the excess would have a material and adverse financial impact on
the RSPF, the Commission may enter into an agreement with the telecommunications
provider or the cellular, wireless, or other radio common carrier to spread payments
of the refunds over a period not to exceed three years.
(17) The RSPF Surcharge Exception
Form is due annually by March 15. A telecommunications provider or a cellular, wireless,
or other radio common carrier that qualifies for the exception must electronically
submit the completed form so that it is received in the Commission’s offices
no later than 5 p.m. Pacific Standard Time on March 15.
(18) In computing any period
of time prescribed or allowed by these rules, the first day of the act or event
is not included. The last day of the period is included, unless the last day is
a Saturday or legal holiday; then the period runs until the end of the next day
that is not a Saturday or a legal holiday. Legal holidays are those identified in
ORS 187.010 and 187.020.
Stat. Auth.: ORS 183, 756, 759 &
1987 OL Ch. 290
Stats. Implemented: ORS 756.040,
759.036 & 1987 OL Ch. 290
Hist.: PUC 19-2003, f. &
cert. ef. 11-14-03; PUC 16-2004, f. & cert. ef. 12-1-04; PUC 18-2004, f. &
cert. ef. 12-30-04; PUC 12-2009, f. & cert. ef. 11-13-09; PUC 1-2010, f. &
cert. ef. 5-18-10; PUC 9-2011, f. & cert. ef. 10-4-11; PUC 5-2013(Temp), f.
& cert. ef. 6-28-13 thru 12-24-13; PUC 7-2013, f. & cert. ef. 12-20-13;
PUC 1-2015, f. & cert. ef. 3-3-15
860-033-0007
Estimated Report
(1) For any period for which a telecommunications
provider, or a cellular, wireless, or other radio common carrier fails to file a
Remittance Report and remit the surcharge payments as required by these rules, the
Commission may determine a proposed assessment based upon any information available
to the Commission.
(2) The proposed assessment
may not cover a period longer than three years prior to the date of the proposed
assessment and must include:
(a) An estimated surcharge
amount owed;
(b) A late payment fee equal
to 9 percent of the estimated surcharge amount owed, up to a maximum of $500 for
that reporting period;
(c) Interest on the estimated
surcharge amount owed at the rate of 9 percent per annum from the day the surcharge
amount was originally due; and
(d) A late report fee per
860-001-0050(3)(e).
(3) Notwithstanding section
(2) of this rule, if the telecommunications provider did not hold a certificate
of authority, if one was required by law, the Commission has an unlimited time to
propose an assessment for the period represented by the non-filed Remittance Report.
The proposed assessment must include all late payment fees as specified in this
rule.
(4) During the 30-day period
allowed for filing a petition for a hearing, the telecommunications provider, or
the cellular, wireless, or other radio common carrier may file its Remittance Report
and pay the surcharge, late report fee, late payment fee, and interest. The Commission
will accept the Remittance Report, surcharge payment, late report fee, late payment
fee and interest if correctly calculated in accordance with the original due date
for the subject period’s Remittance Report and payment.
Stat. Auth.: ORS 183, 756, 759 &
1987 OL Ch. 290
Stats. Implemented: ORS 756.040,
759.036 & 1987 OL Ch. 290
Hist.: PUC 19-2003, f. &
cert. ef. 11-14-03; PUC 16-2004, f. & cert. ef. 12-1-04; PUC 12-2009, f. &
cert. ef. 11-13-09; PUC 1-2010, f. & cert. ef. 5-18-10; PUC 9-2011, f. &
cert. ef. 10-4-11; PUC 5-2013(Temp), f. & cert. ef. 6-28-13 thru 12-24-13; PUC
7-2013, f. & cert. ef. 12-20-13
860-033-0008
Commission Audit and Proposed Assessment
(1) For any period for which a telecommunications
provider's or a cellular, wireless, or other radio common carrier’s Remittance
Report was due, the Commission may audit the telecommunications provider or the
cellular, wireless, or other radio common carrier as the Commission deems necessary
and appropriate.
(2) The Commission's audit
must begin no later than three years after the Remittance Report's due date. After
completion of the audit, the Commission may propose to assess an additional surcharge
amount due from the telecommunications provider or the cellular, wireless, or other
radio common carrier.
(3) If a telecommunications
provider or a cellular, wireless, or other radio common carrier failed to file a
Remittance Report within the time specified in these rules, the Commission will
add to the proposed assessment a late report fee per 860-001-0050(3)(e) and a late
payment fee equal to 9 percent per annum of the amount of the proposed assessment,
up to a maximum of $500.
(4) Each proposed assessment
bears interest on the additional surcharge amount proposed at the rate of 9 percent
per annum from the day the original surcharge amount was due.
(5) Notwithstanding section
(2) of this rule, if the telecommunications provider did not hold a certificate
of authority, if one was required by law, the Commission has an unlimited time to
audit the telecommunications provider for the surcharge fees.
(6) A telecommunications
provider or a cellular, wireless, or other radio common carrier must produce for
inspection or audit upon request of the Commission or its authorized representative
all records supporting its Remittance Reports. The Commission, or its representative,
will allow the telecommunications provider or the cellular, wireless, or other radio
common carrier a reasonable time to produce the records for inspection or audit.
(7) In addition to any other
penalty allowed by law, the Commission may suspend or cancel a telecommunications
provider's certificate of authority to provide telecommunications service for its
failure to produce for inspection or audit the records required by this rule.
Stat. Auth.: ORS 183, 756, 759 &
Ch. 290, OL 1987
Stats. Implemented: ORS 756.040,
759.036 & Ch. 290, OL 1987
Hist.: PUC 19-2003, f. &
cert. ef. 11-14-03; PUC 16-2004, f. & cert. ef. 12-1-04; PUC 12-2009, f. &
cert. ef. 11-13-09; PUC 1-2010, f. & cert. ef. 5-18-10; PUC 9-2011, f. &
cert. ef. 10-4-11
860-033-0009
Notice of Proposed Assessment and
Hearing
(1) The Commission will provide a notice
of proposed assessment upon the telecommunications provider or cellular, wireless,
or other radio common carrier, as well as a proposal to revoke or suspend the telecommunications
provider's certificate of authority, if applicable.
(2) Within 30 days after
the service of the notice of proposed assessment, the telecommunications provider
or the cellular, wireless, or other radio common carrier may petition the Commission
in writing for a hearing. The telecommunications provider or the cellular, wireless,
or other radio common carrier must specify in its petition all of the reasons it
disputes the notice of proposed assessment.
(a) If a petition is not
filed within the 30-day period, the Commission may enter an order assessing charges
based upon information in the Commission's files.
(b) If a petition is filed
within the 30-day period, the Commission will grant the telecommunications provider
or the cellular, wireless, or other radio common carrier a hearing and give the
telecommunications provider or the cellular, wireless, or other radio common carrier
at least 10 days' notice of the time and place of a hearing.
(3) The hearing on the telecommunications
provider's or the cellular, wireless, or other radio common carrier’s petition
is conducted under the Commission’s rules governing hearings and proceedings.
(4) An assessment made by
the Commission under these rules is due and payable on the 10th day after the service
date of the Commission's order assessing the charges.
(5) If the Commission has
not received payment of the surcharge and penalties assessment within the specified
time, the Commission may suspend or cancel a telecommunications provider's certificate
of authority to provide telecommunications service for its failure to pay the assessment
required by this rule.
Stat. Auth.: ORS 183, 756, 759 &
Ch. 290, OL 1987
Stats. Implemented: ORS 756.040,
759.036 & Ch. 290, OL 1987
Hist.: PUC 19-2003, f. &
cert. ef. 11-14-03; PUC 16-2004, f. & cert. ef. 12-1-04; PUC 12-2009, f. &
cert. ef. 11-13-09; PUC 9-2011, f. & cert. ef. 10-4-11
860-033-0010
OTAP and Lifeline Applicability
(1) The Oregon Telephone Assistance
Program (OTAP) is designed to provide a reduced rate or discount for an Eligible
Telecommunications Provider's basic service, whether sold separately or in combination
with other services, to low-income customers who meet eligibility requirements.
(2) An Eligible Telecommunications
Provider must offer to all low-income customers who meet eligibility requirements
OTAP discounts with all service offerings that include basic telephone service.
Reduced rates or discounts apply to the single line, or service that is functionally
equivalent to a single line, serving the eligible customer's principal residence
in Oregon. An Eligible Telecommunications Provider may not decline to provide the
OTAP and the Lifeline discount to an eligible customer for wireless service on the
basis the customer has an out-of-state telephone number.
(3) Eligible Telecommunications
Providers and the Commission must treat OTAP and Lifeline data as confidential information,
to the extent allowed by law, and OTAP and Lifeline data may be used only for OTAP
and Lifeline purposes.
Stat. Auth.: ORS 183, 756, 759 &
1987 OL Ch. 290
Stats. Implemented: ORS 756.040,
759.036 & 1987 OL Ch. 290
Hist.: PUC 9-1988, f. &
cert. ef. 4-28-88 (Order No. 88-415); PUC 5-1992, f. & cert. ef. 2-14-92 (Order
No. 92-238); PUC 18-1997, f. & cert. ef. 12-17-97; PUC 19-2003, f. & cert.
ef. 11-14-03; PUC 16-2004, f. & cert. ef. 12-1-04; PUC 12-2009, f. & cert.
ef. 11-13-09; PUC 5-2013(Temp), f. & cert. ef. 6-28-13 thru 12-24-13; PUC 7-2013,
f. & cert. ef. 12-20-13
860-033-0030
OTAP and Lifeline Eligibility
(1) A low-income customer demonstrates
eligibility for OTAP and Lifeline by application to the Commission on a Commission-approved
form demonstrating compliance with this rule.
(2) To be eligible, the customer,
one or more of the customer’s dependents or the customer’s household
must:
(a) Receive benefits from
one of the following public assistance programs: Medicaid under Title XIX and XXI
of the Social Security Act; Supplemental Nutrition Assistance Program; Supplemental
Security Income; Federal Public Housing Assistance (Section 8); Low-Income Home
Energy Assistance Program; National School Lunch Program’s free lunch program;
or Temporary Assistance for Needy Families; or
(b) Receive benefits from
another Commission-approved low-income public assistance program for which eligibility
requirements do not exceed 135 percent of the applicable Federal Poverty Guidelines.
(c) Have income that is at
or below 135 percent of the applicable Federal Poverty Guidelines for a household
of that size.
(3) The Commission may require
a low-income customer to submit documentation demonstrating that he or she qualifies
under the program or income based eligibility requirements.
(a) Acceptable documentation
of program eligibility includes the current or prior year’s statement of benefits
from a public assistance program, a notice or letter of participation in a public
assistance program, program participation documents, or another official document
demonstrating that the customer, one or more of the customer’s dependents
or the customer’s household receives benefits from a qualifying assistance
program.
(b) Acceptable documentation
of income eligibility includes the prior year’s state, federal, or Tribal
tax return; current income statement from an employer or paycheck stub; a Social
Security statement of benefits; a Veterans Administration statement of benefits;
a retirement or pension statement of benefits; an Unemployment or Workers’
Compensation statement of benefit; federal or Tribal notice letter of participation
in General Assistance; or a divorce decree, child support award, or other official
document containing income information. If the customer presents documentation of
income that does not cover a full year, such as current pay stubs, the customer
must present the same type of documentation covering three consecutive months within
the previous twelve months.
(4) The customer may be required
to furnish his or her social security number and the social security number of the
member of the customer’s household upon whom eligibility is based before OTAP
and Lifeline eligibility can be determined or verified. Failure to do so may result
in denial of benefits.
(5) The customer must sign
a written authorization on a Commission-approved form permitting the Commission
to release necessary information to an Eligible Telecommunications Provider and,
as necessary, to the following: Federal Communications Commission, Universal Service
Administrative Company, Department of Human Services, and the applicant's personal
representative or legal guardian.
(6) An applicant or customer
may not use a post office box as his or her residential address. The Commission
may accept a P.O. Box or General Delivery address as a billing address, but not
a residential address.
(7) The OTAP or Lifeline
benefit is limited to one single line, or single line equivalent, per economic unit
at the customer’s principal residence in Oregon.
(a) If the Commission is
unable to determine that an applicant and a current OTAP or Lifeline customer are
part of a separate household, the applicant must complete and submit to the Commission
the Lifeline Household Worksheet.
(b) The Commission may verify
annually that the customer continues to be part of a separate household.
(c) If the customer fails
to respond within 30 days of the Commission’s attempts to verify that the
customer continues to be part of a separate household, the Commission will notify
the Eligible Telecommunications Provider to de-enroll the customer from OTAP and
the Lifeline program.
(8) The name of the OTAP
or Lifeline applicant must appear on the billing statement or account for the telecommunications
service in order for that for that applicant to qualify for OTAP or Lifeline benefits.
(9) The Commission may require
an Eligible Telecommunications Provider to provide up to three months of OTAP or
Lifeline benefits credited to the customer’s account if the customer does
not receive benefits after applying for benefits and demonstrating eligibility.
The qualifying customer may be required to submit documentation demonstrating that
he or she qualified under the program or income based eligibility requirements in
section (2) or (3) of this rule.
(10) The Commission will
verify a customer's continuing eligibility. Continuing OTAP and Lifeline eligibility
is based on monthly, quarterly, or annual verification by the Commission.
(a) The Commission will allow
a customer 30 days following the date of the notice of termination or de-enrollment
to demonstrate continued eligibility. A customer may be required to submit proof
of continued eligibility to the Commission.
(b) The Eligible Telecommunications
Provider must de-enroll the customer from the OTAP and Lifeline program within five
business days of notice from the Commission that the customer is no longer eligible
for OTAP and the Lifeline program.
(c) After the Commission
determines that the customer is not eligible or no longer eligible, the customer
may file a written request for a hearing to appeal the determination as specified
in the notice of determination.
(d) At the hearing, the customer
must provide to the Commission documentation demonstrating that he or she qualifies
under the program or income based eligibility requirements listed in section (2)
or (3) of this rule.
(11) If the Commission identifies
that a customer or household is receiving duplicate support from more than one Eligible
Telecommunications Provider, the Commission will attempt to contact the customer
to determine the customer’s preferred provider and thereafter, based on the
available information, select which Eligible Telecommunications Provider must de-enroll
the customer.
(12) If a customer does not
use the OTAP or Lifeline supported service that the Eligible Telecommunications
Provider offers at no charge for 60 consecutive days, the Eligible Telecommunications
Provider must provide the customer 30 days' notice, using plain language, that the
customer’s failure to use the OTAP or Lifeline supported service within the
30-day notice period will result in de-enrollment from OTAP or the Lifeline program.
If the customer uses the OTAP or the Lifeline supported service within the 30-day
notice period, the Eligible Telecommunications Provider may not terminate the customer’s
OTAP or Lifeline supported service.
(13) When the customer switches
to a different Eligible Telecommunications Provider, the customer must submit to
the Commission an application for OTAP or the Lifeline program on a Commission-approved
form.
(14) If, in a span of 30
days, the customer disconnects and reconnects service with the same Eligible Telecommunications
Provider, the customer is not required to reapply for the OTAP or Lifeline benefits.
Stat. Auth.: ORS 183, 756, 759 &
1987 OL Ch. 290
Stats. Implemented: ORS 756.040,
759.036 & 1987 OL Ch. 290
Hist.: PUC 9-1988, f. &
cert. ef. 4-28-88 (Order No. 88-415); PUC 5-1992, 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); PUC 6-1997, f. & cert. ef. 1-10-97;
PUC 18-1997, f. & cert. ef. 12-17-97; PUC 12-1999, f. & cert. ef. 11-18-99;
PUC 19-2003, f. & cert. ef. 11-14-03; PUC 16-2004, f. & cert. ef. 12-1-04;
PUC 12-2009, f. & cert. ef. 11-13-09; PUC 9-2011, f. & cert. ef. 10-4-11;
PUC 5-2013(Temp), f. & cert. ef. 6-28-13 thru 12-24-13; PUC 7-2013, f. &
cert. ef. 12-20-13
860-033-0035
OTAP and Lifeline Benefits
(1) A residential customer qualifying
for the OTAP and Lifeline benefit pays a reduced monthly rate, as established by
the Commission, for basic service, whether sold separately or in combination with
other services, provided by an Eligible Telecommunications Provider. The monthly
OTAP benefit includes:
(a) The federal Lifeline
program support in accordance with 47 C.F.R. §54.403; and
(b) The State of Oregon support
of $3.50.
(2) OTAP and Lifeline benefits
become effective on the date the Commission receives from an eligible customer the
signed application on a Commission-approved form.
(3) An Eligible Telecommunications
Provider that offers OTAP or Lifeline supported service at no charge to the low-income
customer must require the customer to call the Eligible Telecommunications Provider
to activate the OTAP or Lifeline supported service. The Eligible Telecommunications
Provider must require the low-income customer to provide the last four digits of
his or her social security number or Tribal identification number before activating
the OTAP or Lifeline supported service.
Stat. Auth.: ORS 183, 756, 759 &
1987 OL Ch. 290
Stats. Implemented: ORS 756.040,
759.036 & 1987 OL Ch. 290
Hist.: PUC 9-1988, f. &
cert. ef. 4-28-88 (Order No. 88-415); PUC 5-1992, f. & cert. ef. 2-14-92 (Order
No. 92-238); PUC 18-1997, f. & cert. ef. 12-17-97; PUC 2-2002, f. & cert.
ef. 2-5-02; PUC 12-2009, f. & cert. ef. 11-13-09; PUC 5-2013(Temp), f. &
cert. ef. 6-28-13 thru 12-24-13; PUC 7-2013, f. & cert. ef. 12-20-13
860-033-0040
OTAP Alternatives
(1) In lieu of OTAP participation, a
public utility, cooperative corporation or unincorporated association providing
local exchange telecommunication service may apply to the Commission for authority
to provide low-income telephone assistance through an alternative plan. The application
must demonstrate that:
(a) Customers eligible for
OTAP will receive a benefit under the alternative plan at least equal to the OTAP
benefit;
(b) Customers eligible for
OTAP will be eligible under the alternative plan; and
(c) Administrative costs
for an alternative plan will be less than or equal to the administrative costs of
participation in OTAP.
(2) A public utility, cooperative
corporation or unincorporated association providing low-income telephone assistance
under an alternative plan must inform the Commission monthly of the number of customers
receiving the benefit and the total dollar amount in benefits provided under the
under the alternative plan.
(3) Eligible customers must
continue receiving benefits under OTAP until the alternative plan is approved by
the Commission and implemented by the public utility, cooperative corporation or
unincorporated association.
Stat. Auth.: ORS 183, 756, 759 &
1987 OL Ch. 290
Stats. Implemented: ORS 756.040,
759.036 & 1987 OL Ch. 290
Hist.: PUC 9-1988, f. &
cert. ef. 4-28-88 (Order No. 88-415); PUC 18-1997, f. & cert. ef. 12-17-97;
PUC 12-2009, f. & cert. ef. 11-13-09; PUC 5-2013(Temp), f. & cert. ef. 6-28-13
thru 12-24-13; PUC 7-2013, f. & cert. ef. 12-20-13
860-033-0045
OTAP Compensable Expenses
(1) The Eligible Telecommunications
Provider may be compensated for the State of Oregon benefit provided to each customer
enrolled in OTAP by the Commission Compensation may include the revenue the Eligible
Telecommunications Provider foregoes by providing the State of Oregon benefit to
eligible customers.
(2) To receive compensation,
an Eligible Telecommunications Provider must submit a monthly reimbursement form
no later than 21 calendar days after the end of the billing period. The Eligible
Telecommunications Provider’s reimbursement form must indicate the number
of eligible customers who were enrolled during the billing period, the number of
customers who received the OTAP benefit during the billing period, and the amount
of revenue foregone during that same period.
(3) If the Commission overcompensates
an Eligible Telecommunications Provider, the Eligible Telecommunications Provider
must immediately return the excess RSPF funds once it notifies the Commission or
is notified by the Commission of the overcompensation.
(a) If the Commission overcompensates
the Eligible Telecommunications Provider as a result of Commission error and the
Eligible Telecommunications Provider upon notification of the overcompensation immediately
returns the excess RSPF funds, the Eligible Telecommunications Provider is not required
to pay interest on the excess RSPF funds.
(b) If the Commission overcompensates
the Eligible Telecommunications Provider as a result of Commission error and upon
notification the Eligible Telecommunications Provider does not immediately return
the excess RSPF funds, the Eligible Telecommunications Provider must pay interest
on the excess RSPF funds at the rate set forth in OAR 860-001-0050.
(c) If the Commission overcompensates
the Eligible Telecommunications Provider as a result of actions by the Eligible
Telecommunications Provider, including, but not limited to, the filing of an incorrect
reimbursement form, then upon notification the Eligible Telecommunications Provider
must immediately return the excess RSPF funds and pay interest on the excess RSPF
funds at the rate set forth in OAR 860-001-0050.
(4) Notice of Proposed Assessment:
(a) If the Eligible Telecommunications
Provider is overcompensated and does not timely return the excess RSPF funds as
described in section (3) of this rule, the Commission may issue a written proposed
assessment for the amount due.
(b) Within 30 days of the
service date of the notice of proposed assessment, the Eligible Telecommunications
Provider may pay the proposed assessment in full or may file a written petition
for a hearing. The written petition for a hearing must clearly specify all the reasons
the Eligible Telecommunications Provider disputes the assessment.
(A) If the Eligible Telecommunications
Provider pays the proposed assessment in full within 30 days of the service date
of the notice of proposed assessment, the Commission will accept the payment and
discontinue any further collection activities for that assessment.
(B) If the Eligible Telecommunications
Provider timely files a written petition for a hearing under subsection (b) of this
section, the Commission will grant the Eligible Telecommunications Provider a hearing
and provide at least 10 days notice of the time and place of the hearing. The Commission
will conduct the hearing under its rules governing hearings and proceedings.
(5) Commission Order: The
Commission will enter an order if the Eligible Telecommunications Provider does
not respond to the notice of proposed assessment within 30 days of the service date
of the notice of proposed assessment or after considering the testimony presented
at hearing. Any charges assessed by the Commission in its order become due and payable
on the tenth day after the service date of the Commission’s order.
(6) If the Eligible Telecommunications
Provider does not respond to the Commission order, then the account may be referred
to the Department of Revenue or to a collection agency for collection. The Eligible
Telecommunications Provider is responsible for and must pay all costs incurred by
the Commission to collect a past-due assessed amount from the Eligible Telecommunications
Provider.
(7) An Eligible Telecommunications
Provider must submit any revisions to a previously filed reimbursement form no later
than three years from its due date. If the Commission concludes that refund is due
to an Eligible Telecommunications Provider and that the refund would have a material
adverse financial impact on the RSPF, the Commission may enter into an agreement
with the Eligible Telecommunications Provider to spread payment of the refund over
a period of time not to exceed three years.
(8) The Commission may determine
the compensation amount based on the costs an Eligible Telecommunications Provider
would reasonably incur to accomplish each task referred to in section (1) of this
rule. The Commission disburses funds from the RSPF to the Eligible Telecommunications
Provider within 45 calendar days after the Commission receives a properly completed
reimbursement form.
(9) Each public utility,
cooperative corporation or unincorporated association providing low-income telephone
assistance under a Commission-approved alternative plan may be compensated for the
State of Oregon benefit costs. However, compensation from the RSPF may not be greater
than the compensation that would have been received through participation in OTAP.
(10) Governmental agencies
contracting with the Commission to certify the eligibility requirements of individuals
or to perform other administrative functions authorized by these rules are compensated
based on the terms of the contract.
Stat. Auth.: ORS 183, 756, 759 &
1987 OL Ch. 290
Stats. Implemented: ORS 756.040,
759.036 & 1987 OL Ch. 290
Hist.: PUC 9-1988, f. &
cert. ef. 4-28-88 (Order No. 88-415); PUC 18-1997, f. & cert. ef. 12-17-97;
PUC 19-2003, f. & cert. ef. 11-14-03; PUC 16-2004, f. & cert. ef. 12-1-04;
PUC 12-2009, f. & cert. ef. 11-13-09; PUC 9-2011, f. & cert. ef. 10-4-11;
PUC 5-2013(Temp), f. & cert. ef. 6-28-13 thru 12-24-13; PUC 7-2013, f. &
cert. ef. 12-20-13
860-033-0046
OTAP and Lifeline Accounting, Reporting
and Auditing
(1) Based upon accounting procedures
approved by the Commission, Eligible Telecommunications Providers must maintain
accounting records so that costs associated with OTAP and Lifeline can be separately
identified. Records must be provided to the Commission upon request.
(2) Active OTAP and Lifeline
Customer Report: The Active OTAP and Lifeline Customer Report is a listing of all
customers receiving the OTAP or Lifeline benefit. The listing may include the customers’
telephone numbers, addresses or Commission-assigned OTAP Identification Number.
Each Eligible Telecommunications Provider must submit monthly to the Commission
in an electronic format accessible by the Commission, an Active OTAP and Lifeline
Customer Report. The Active OTAP and Lifeline Customer Report must be received by
the Commission on or before the close of business on the 21st calendar day of the
following month.
(3) Order Activity Report:
The Order Activity Report is a listing of all OTAP or Lifeline customers whose phone
service was disconnected, who voluntarily de-enrolled or were de-enrolled for failure
to use the OTAP or Lifeline supported service that the Eligible Telecommunications
Provider offers at no charge, and a listing of all OTAP or Lifeline customers whose
telephone numbers or addresses have changed. Each Eligible Telecommunications Provider
must submit monthly to the Commission in an electronic format accessible by the
Commission an Order Activity Report. The Order Activity Report must be received
by the Commission on or before the close of business on the 21st calendar day of
the following month.
(4) No Match Report: When
the Commission notifies the Eligible Telecommunications Provider of customers who
meet eligibility criteria, the Eligible Telecommunications Provider must notify
the Commission of any discrepancy that prevents a customer from receiving the OTAP
or Lifeline benefit. Notification of discrepancies must be submitted electronically
in a format accessible by the Commission.
(5) The Commission reserves
the right to audit the records of an Eligible Telecommunications Provider that provides
OTAP or Lifeline benefits.
(6) OTAP and Lifeline Records:
Each Eligible Telecommunications Provider must keep all OTAP and Lifeline records
and supporting documentation for three years, or if a Commission review or audit
is pending, until the review or audit is complete, whichever is later.
(a) An Eligible Telecommunications
Provider must produce for inspection or audit upon request of the Commission or
its authorized representative all OTAP and Lifeline records and supporting documentation.
The Commission, or its representative, must allow the Eligible Telecommunications
Provider a reasonable time to produce the records for inspection or audit.
(b) In addition to any other
penalty allowed by law, the Commission may suspend or cancel an Eligible Telecommunications
Provider's certificate of authority to provide telecommunications service for its
failure to produce for inspection or audit the records required by this rule.
Stat. Auth.: ORS 183, 756, 759 &
1987 OL Ch. 290
Stats. Implemented: ORS 756.040,
759.036 & 1987 OL Ch. 290
Hist.: PUC 9-1988, f. &
cert. ef. 4-28-88 (Order No. 88-415); PUC 5-1992, f. & cert. ef. 2-14-92 (Order
No. 92-238); PUC 18-1997, f. & cert. ef. 12-17-97; PUC 12-2009, f. & cert.
ef. 11-13-09; PUC 5-2013(Temp), f. & cert. ef. 6-28-13 thru 12-24-13; PUC 7-2013,
f. & cert. ef. 12-20-13
Tribal Link-Up
860-033-0050
Tribal Lifeline and Tribal Link-Up
(1) The Commission must determine if
a prospective Tribal Lifeline or Tribal Link Up recipient who has executed a certification
pursuant to 47 C.F.R. § 54 Subpart E (2013) has previously received a Tribal
Lifeline or Tribal Link Up benefit at the residential address provided by the prospective
subscriber to prevent duplicative support. An eligible resident of Tribal lands
may receive the benefit of the Tribal Link Up program for a second or subsequent
time only for otherwise qualifying commencement of telecommunications service at
a principal place of residence with an address different from the address for which
Tribal Link Up assistance was previously provided.
(2) Within five business
days of a request for Tribal Lifeline or Tribal Link Up benefit, the Eligible Telecommunications
Provider must submit to the Commission in an electronic format accessible by the
Commission the Tribal Lifeline or Tribal Link Up applicant’s full name, residential
address, date of birth, telephone number associated with the application for Tribal
Lifeline or Tribal Link Up benefit, and last four digits of his or her social security
number or Tribal identification number. Each Eligible Telecommunications Provider
must obtain, from each new and existing subscriber, consent to transmit the information
as specified in this section of this rule. Prior to obtaining consent, the Eligible
Telecommunications Provider must describe to the subscriber, using plain language,
the specific information being submitted, that the information is being submitted
to the Commission to ensure proper administration of the Tribal Lifeline and Tribal
Link Up program, and that failure to provide consent will result in the subscriber
being denied the Tribal Lifeline or Tribal Link Up benefit.
(3) If the Commission notifies
the Eligible Telecommunications Provider that a prospective subscriber is receiving
a Tribal Lifeline benefit or has received a Tribal Link Up benefit at the residential
address provided by the subscriber, the Eligible Telecommunications Provider may
not seek universal service support reimbursement for duplicate service.
(4) When two or more Eligible
Telecommunications Providers submit the information required in section (2) of this
rule for the same subscriber, only the Eligible Telecommunications Provider whose
information was received and processed by the Commission first, as determined by
the Commission, will be entitled to reimbursement from the universal service fund
for that subscriber.
(5) Tribal Lifeline and Tribal
Link Up Order Activity Report: The Tribal Lifeline and Tribal Link Up Order Activity
Report is a listing of all Tribal Lifeline and Tribal Link Up customers whose phone
service was disconnected, who voluntarily de-enrolled or were de-enrolled for failure
to use the Tribal Lifeline service which the Eligible Telecommunications Provider
offers at no charge and a list of all Tribal Lifeline and Tribal Link Up customers
whose telephone numbers or addresses have changed. Each Eligible Telecommunications
Provider must submit monthly to the Commission in an electronic format accessible
by the Commission on or before the close of business on the 21st calendar day of
the following month.
Stat. Auth.: ORS 183, 756, 759 &
1987 OL Ch. 290
Stats. Implemented: ORS 756.040,
759.036 & 1987 OL Ch. 290
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 5-1992, f. & ef. 2-14-92 (Order No. 92-238); PUC 2-1996,
f. & ef. 4-18-96 (Order 96-102); PUC 6-1997, f. & cert. ef. 1-10-97; PUC
18-1997, f. & cert. ef. 12-17-97; PUC 2-2002, f. & cert. ef. 2-5-02; PUC
19-2003, f. & cert. ef. 11-14-03; PUC 16-2004, f. & cert. ef. 12-1-04; PUC
12-2009, f. & cert. ef. 11-13-09; PUC 5-2013(Temp), f. & cert. ef. 6-28-13
thru 12-24-13; PUC 7-2013, f. & cert. ef. 12-20-13
860-033-0100
Toll Limitation Service and Prohibited
Charges
(1) Upon request and availability, an
OTAP or Lifeline customer is entitled to Toll Limitation Service from an Eligible
Telecommunications Provider at no additional charge.
(2) An Eligible Telecommunications
Provider may not charge the OTAP or Lifeline customer:
(a) The federal universal
service fund fee on the local service portion of the phone bill;
(b) The local number portability
fee; or
(c) The access recovery fee.
Stat. Auth.: ORS 183, 756, 759 &
1987 OL Ch. 290
Stats. Implemented: ORS 756.040,
759.036 & 1987 OL Ch. 290
Hist.: PUC 18-1997, f. &
cert. ef. 12-17-97; PUC 12-2009, f. & cert. ef. 11-13-09; PUC 5-2013(Temp),
f. & cert. ef. 6-28-13 thru 12-24-13; PUC 7-2013, f. & cert. ef. 12-20-13
860-033-0110
Advertising, Marketing and Outreach
(1) An Eligible Telecommunications Provider
may not conceal or misstate a material fact about OTAP or the Lifeline program in
advertising, marketing materials or other outreach to Oregon consumers.
(2) An Eligible Telecommunications
Provider must explain in plain language and disclose in OTAP and Lifeline marketing
materials:
(a) That the Eligible Telecommunications
Provider’s offering is an OTAP and Lifeline supported service;
(b) That OTAP and Lifeline
are government assistance programs. This disclosure must be conspicuous;
(c) The name of the Eligible
Telecommunications Provider offering the OTAP and Lifeline supported service;
(d) That only eligible low-income
customers may enroll in OTAP and Lifeline supported programs;
(e) That proof of eligibility
may be necessary for enrollment;
(f) That OTAP and Lifeline
supported services are limited to one benefit per household, consisting of either
wireline or wireless service; and
(g) That OTAP and Lifeline
supported services are non-transferable.
(3) The Eligible Telecommunications
Provider must provide to the Commission copies of OTAP and Lifeline marketing materials
to be released in the State of Oregon at least five business days prior to release.
Stat. Auth.: ORS 183, 756, 759 &
1987 OL Ch. 290
Stats. Implemented: ORS 756.040,
759.036 & 1987 OL Ch. 290
Hist.: PUC 5-2013(Temp),
f. & cert. ef. 6-28-13 thru 12-24-13; PUC 7-2013, f. & cert. ef. 12-20-13

Telecommunication Devices Access Program

860-033-0505
TDAP Definitions
(1) "Adaptive
Equipment" means equipment that permits a person with a disability, other than a
hearing or speech impairment, to communicate effectively on the telephone.
(2) "Assistive
Telecommunication Device" means a device that uses a keyboard, acoustic coupler,
display screen, Braille display, speakerphone, or amplifier to enable a person who
is deaf, deaf-blind, hard of hearing, speech or vision impaired or who has a disability
to communicate effectively on the telephone.
(3) "Authorized
Distributor" means a facility authorized by the Commission to distribute Assistive
Telecommunication Devices and Adaptive Equipment.
(4) "Authorized
Maintenance Center" means a facility authorized by the Commission to repair any
reasonably damaged Assistive Telecommunication Device or Adaptive Equipment.
(5) "Disability"
means a physical condition other than hearing or speech impairment that requires
the use of adaptive equipment to communicate effectively on the telephone.
Stat. Auth.:
ORS 183, 756, 759 & Ch. 290, OL 1987

Stats. Implemented:
ORS 756.040, 759.036 & Ch. 290, OL 1987

Hist.:
PUC 7-1988, f. & cert. ef. 4-6-88 (Order No. 88-339); PUC 5-1992, f. & cert.
ef. 2-14-92 (Order No. 92-238); PUC 18-1997, f. & cert. ef. 12-17-97; PUC 12-1999,
f. & cert. ef. 11-18-99; PUC 19-2003, f. & cert. ef. 11-14-03; PUC 16-2004,
f. & cert. ef. 12-1-04; PUC 12-2009, f. & cert. ef. 11-13-09; PUC 9-2011,
f. & cert. ef. 10-4-11
860-033-0506
Telecommunication
Devices Access Program Advisory Committee (TDAPAC)
The TDAPAC consists
of 12 Oregon residents appointed by the Commission as prescribed by Oregon Laws
1987, Chapter 290, Section 12. The TDAPAC must meet regularly with the Commission
Staff to give advice concerning matters of general development, implementation,
and administration of TDAP. TDAPAC meetings are public, and minutes must be provided
to the public upon request. A copy of the TDAPAC bylaws is available upon request.
Stat. Auth.:
ORS 183, 756, 759 & Ch. 290, OL 1987

Stats.
Implemented: ORS 756.040, 759.036 & Ch. 290, OL 1987

Hist.:
PUC 7-1988, f. & cert. ef. 4-6-88 (Order No. 88-339); PUC 5-1992, f. & cert.
ef. 2-14-92 (Order No. 92-238); PUC 2-1996, f. & cert. ef. 4-18-96 (Order No.
96-102); PUC 18-1997, f. & cert. ef. 12-17-97; PUC 12-2009, f. & cert. ef.
11-13-09; PUC 9-2011, f. & cert. ef. 10-4-11
860-033-0530
TDAP Eligibility
(1) A person may apply to receive an
Assistive Telecommunication Device or Adaptive Equipment from the Commission. The
application must be submitted using the form provided by the Commission. The TDAP
application form is available online at http://www.puc.state.or.us/PUC/rspf/tdapapp.pdf,
from the Commission and from certain community resources.
(2) A TDAP applicant must
provide the Commission with:
(a) Evidence of regular access
to a specific telephone number in Oregon;
(b) Evidence of current residency
in Oregon; and
(c) A properly completed
application including a statement that the applicant is deaf, deaf-blind, hard of
hearing, speech or vision impaired, or has a disability that requires adaptive equipment
or an assistive telecommunication device to communicate effectively on the telephone.
This statement must be signed by:
(A) A licensed physician
who may certify that the applicant is deaf, deaf-blind, hard of hearing, speech
or vision impaired or has a disability;
(B) An audiologist or a hearing
aid specialist who may certify only that the applicant is deaf or hard of hearing;
(C) A speech pathologist
who may certify only that the applicant is speech impaired;
(D) A vocational rehabilitation
counselor from the Oregon Office of Vocational Rehabilitation Services who may certify
that the applicant is deaf, deaf-blind, hard of hearing, speech or vision impaired
or has a disability;
(E) A nurse practitioner
who may certify that the applicant is deaf, deaf-blind, hard of hearing, speech
or vision impaired, or has a disability; or
(F) A rehabilitation instructor
from the Oregon Commission for the Blind who may certify only that the applicant
has a vision impairment.
(d) For a person under 18
years of age, or an adult who is determined to require a legal guardian, a parent
or a guardian must apply on that person’s behalf and assume full responsibility
for the Assistive Telecommunication Device or Adaptive Equipment and services. An
emancipated minor is considered an adult. If the application is signed by a person
asserting power of attorney for the applicant or by a legal guardian, the person
signing the application may be required to provide the Commission with evidence
of the power of attorney or legal guardianship.
(3) The Commission may only
approve applications for persons certified as deaf, deaf-blind, hard of hearing,
speech or vision impaired or who have a disability and cannot use a telephone for
expressive or receptive communication.
(4) The Commission may provide
one Assistive Telecommunication Device or one Adaptive Equipment unit per eligible
person. The one device or unit provided may also include an accessory device such
as a loud ringer or signal device, as applicable. More than one Assistive Telecommunication
Device or Adaptive Equipment unit may be provided to a household if more than one
eligible person permanently resides in the household.
(5) If the Commission purchases
new devices that may benefit a TDAP recipient more than the equipment currently
provided by the Commission to the recipient, the Commission may allow the recipient
to use both the current and new device for a 60-day trial period. The recipient
must return the less beneficial equipment to the TDAP within five business days
after the end of the trial period. If the recipient fails to return the equipment,
the recipient is responsible for paying the Commission for the cost of the more
expensive equipment.
Stat. Auth.: ORS 183, 756,
759 & 1987 OL Ch. 290
Stats. Implemented: ORS 756.040, 759.036
& 1987 OL Ch. 290
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 5-1992, f. & cert. ef. 2-14-92 (Order No. 92-238); PUC 18-1997,
f. & cert. ef. 12-17-97; PUC 12-1999, f. & cert. ef. 11-18-99; PUC 19-2003,
f. & cert. ef. 11-14-03; PUC 16-2004, f. & cert. ef. 12-1-04; PUC 12-2009,
f. & cert. ef. 11-13-09; PUC 9-2011, f. & cert. ef. 10-4-11; PUC 5-2013(Temp),
f. & cert. ef. 6-28-13 thru 12-24-13; PUC 7-2013, f. & cert. ef. 12-20-13
860-033-0535
Ownership of and Conditions for
Use of Assistive Telecommunication Devices or Adaptive Equipment
(1) All Assistive Telecommunication
Devices or Adaptive Equipment purchased by the Commission remain the property of
the State of Oregon. The Authorized Distributors must record the serial number of
each Assistive Telecommunication Device or Adaptive Equipment unit. An Authorized
Distributor's failure to comply may terminate the distributor's contract with the
State of Oregon.
(2) Before receiving an Assistive
Telecommunication Device or Adaptive Equipment, a recipient must sign the Conditions
of Acceptance. A recipient who received TDAP equipment when under the age of 18
must sign a new Conditions of Acceptance form within 30 calendar days after becoming
18 years of age. Similarly, if there is a change in legal guardian for an adult
recipient, the new guardian must sign a Conditions of Acceptance form within 30
calendar days of the change in guardianship. Failure to do so will result in the
Commission billing the parent or guardian of record for the device.
(3) Before the requested
equipment is distributed, an applicant or recipient must pay in full all outstanding
accounts with the Commission.
(4) Any Assistive Telecommunication
Device or Adaptive Equipment distributed to an eligible recipient under this program
may not be sold, loaned, or otherwise transferred from the possession of the original
recipient. Unauthorized transfers subject the recipient to repossession of the Assistive
Telecommunication Device or Adaptive Equipment, prosecution, or liability for the
full purchase price of the equipment.
(5) A recipient who moves
to a different address within Oregon must report the new address to the Commission
within 30 calendar days of the move. A recipient who moves out of Oregon must return
all Assistive Telecommunication Devices or Adaptive Equipment received through the
Commission to an Authorized Distributor or the Commission before moving out of Oregon.
A recipient who is no longer receiving telephone services must return all Assistive
Telecommunication Devices or Adaptive Equipment received through the Commission
to an Authorized Distributor or the Commission within 30 calendar days after termination
of Local Exchange Service.
(6) A recipient may take
Assistive Telecommunication Devices or Adaptive Equipment on travel outside Oregon.
The recipient must obtain written permission from the Commission if the travel will
be for more than 90 calendar days.
Stat. Auth.: ORS 183, 756, 759 &
1987 OL Ch. 290
Stats. Implemented: ORS 756.040,
759.036 & 1987 OL Ch. 290
Hist.: PUC 7-1988, f. &
cert. ef. 4-6-88 (Order No. 88-339); PUC 5-1992, f. & cert. ef. 2-14-92 (Order
No. 92-238); PUC 18-1997, f. & cert. ef. 12-17-97 860-033-0535(5) Renumbered
to 860-033-0536; PUC 12-1999, f. & cert. ef. 11-18-99; PUC 19-2003, f. &
cert. ef. 11-14-03; PUC 16-2004, f. & cert. ef. 12-1-04; PUC 12-2009, f. &
cert. ef. 11-13-09; PUC 5-2013(Temp), f. & cert. ef. 6-28-13 thru 12-24-13;
PUC 7-2013, f. & cert. ef. 12-20-13
860-033-0536
TDAP Recipients’ Liability
(1) The recipient is financially responsible
for any damage to the equipment that is not caused by normal wear and tear, acts
of nature, or disasters. To avoid financial responsibility for damaged equipment,
the recipient must prove to the Commission that the damage was caused by normal
wear and tear or acts of nature or disasters. The recipient is also financially
responsible for the full replacement cost of the equipment if the recipient loses
the equipment or moves out of Oregon without returning the equipment.
(2) Stolen Equipment or Equipment
Damaged by Acts of Nature or Disasters:
(a) If the equipment is stolen,
a recipient must notify the local law enforcement agency within 24 hours of the
time the recipient discovers the theft. A recipient must forward a copy of the police
report to the Commission within five 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 within five business days after the theft
was reported. The recipient must forward a written report to the Commission that
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 Commission within five 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 within five business days after returning
to Oregon. The recipient must forward to the Commission a written report that includes
any witnesses' names, addresses, and telephone numbers; and describes the theft.
(c) If the equipment is damaged
due to acts of nature or disasters, including, but not limited to floods, storms
or fire, the recipient must submit an insurance claim, fire department report, police
report, or other equivalent documentation about the event within five business days
after the date the event occurred.
Stat. Auth.: ORS 183, 756, 759 &
1987 OL Ch. 290
Stats. Implemented: ORS 756.040,
759.036 & 1987 OL Ch. 290
Hist.: PUC 7-1988, f. &
cert. ef. 4-6-88 (Order No. 88-339); PUC 5-1992, f. & cert. ef. 2-14-92 (Order
No. 92-238); PUC 18-1997, f. & cert. ef. 12-17-97 Renumbered from 860-033-0535(5);
PUC 19-2003, f. & cert. ef. 11-14-03; PUC 16-2004, f. & cert. ef. 12-1-04;
PUC 12-2009, f. & cert. ef. 11-13-09; PUC 5-2013(Temp), f. & cert. ef. 6-28-13
thru 12-24-13; PUC 7-2013, f. & cert. ef. 12-20-13
860-033-0537
Holding Recipients Financially Responsible
for Damaged, Lost, or Otherwise Not Returned Assistive Telecommunication Devices
or Adaptive Equipment
(1) Invoices:
(a) The Commission will mail
an invoice indicating the amount of and the reason for such invoice to the responsible
recipient at the last known address. The recipient has 30 calendar days from the
service date of the invoice to respond.
(b) The invoiced recipient
may submit a written response to the Commission in an attempt to resolve the invoice.
At the Commission'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 Commission may begin the collection activities.
(d) Incorrect address: When
an invoice or notice of proposed assessment is returned with an incorrect address
and the invoiced recipient has not notified the Commission of an address change
as required by the Conditions of Acceptance for TDAP Equipment, the amount billed
to the recipient becomes a liquidated debt.
(2) Notice of Proposed Assessment:
(a) If the recipient does
not respond to the invoice within 30 days from the service date of the invoice,
the Commission may issue a written proposed assessment for the amount due.
(b) The recipient may pay
the assessment in full within 30 days of the service date of the notice of proposed
assessment or may file a written petition for a hearing within 30 days of the service
date of the notice of proposed assessment. A written petition for a hearing must
clearly specify all the reasons the recipient disputes the proposed assessments.
(A) If the recipient pays
the proposed assessment in full within the 30 days of the service date of the notice
of proposed assessment, the Commission will accept the payment and discontinue any
further collection activities for that assessment.
(B) If the recipient timely
files a written petition for a hearing as set forth in subsection (b) of this section
of this rule, the Commission will grant the recipient a hearing and give at least
10 days notice of the time and place of the hearing. The Commission will conduct
the hearing under its rules governing hearings and proceedings.
(3) Commission Order:
(a) The Commission will enter
an order if the recipient does not respond to the notice of proposed assessment
within 30 days of the service date of the notice of proposed assessment or after
considering the testimony presented at hearing. Any charges assessed by the Commission
in its order become due and payable on the tenth day after the service date of the
Commission’s order.
(b) If the recipient does
not respond to the order assessing charges, the account may be referred to the Department
of Revenue or a collection agency for collection. The recipient is responsible for
and must pay all costs incurred by the Commission to collect a past-due invoice
amount from the recipient.
(4) Collection procedures
for a recipient with two or more Assistive Telecommunication Devices or Adaptive
Equipment units:
(a) The Commission will mail
a letter to the recipient asking the recipient to return the equipment within 30
calendar days, and
(b) If the Commission does
not receive a response, the Commission will send an invoice to the recipient. If
the recipient does not pay the amount billed, the Commission may take the necessary
action against the recipient to either regain possession of the State of Oregon's
equipment or receive the full replacement value of such equipment.
(5) When the Commission receives
notice that a recipient is deceased, the Commission will request that the estate
return the equipment. The Commission may bill the estate for the cost of replacing
the equipment if it has not been returned, or if it is returned in damaged condition.
(6) If the lost, damaged,
or otherwise not returned equipment is obsolete or is no longer offered by the TDAP,
the Commission may waive the recipient’s financial responsibility.
Stat. Auth.: ORS 183, 756, 759 &
1987 OL Ch. 290
Stats. Implemented: ORS 756.040,
759.036 & 1987 OL Ch. 290
Hist.: PUC 18-1997, f. &
cert. ef. 12-17-97; PUC 12-1999, f. & cert. ef. 11-18-99; PUC 19-2003, f. &
cert. ef. 11-14-03; PUC 16-2004, f. & cert. ef. 12-1-04; PUC 12-2009, f. &
cert. ef. 11-13-09; PUC 9-2011, f. & cert. ef. 10-4-11; PUC 5-2013(Temp), f.
& cert. ef. 6-28-13 thru 12-24-13; PUC 7-2013, f. & cert. ef. 12-20-13
860-033-0540
Distribution Procedures for Assistive
Telecommunication Devices or Adaptive Equipment
(1) Subject to appropriation and approval
of expenditures for Assistive Telecommunication Devices or Adaptive Equipment and
services purchased by the Commission, the Commission may contract with any governmental
agency or other entity to establish an Authorized Distributor network and an Authorized
Maintenance Center network.
(2) If demand exceeds supply,
the Commission may distribute Assistive Telecommunication Devices or Adaptive Equipment
to customers on a first-come first-serve basis.
(3) Each Authorized Distributor
must inform the Commission in writing of all incoming and outgoing shipments of
Assistive Telecommunication Devices or Adaptive Equipment. The written information
must include the serial numbers engraved by the Authorized Distributor.
(4) Upon notice from the
Commission, the Authorized Distributor must distribute Assistive Telecommunication
Devices or Adaptive Equipment to eligible applicants.
(5) The Authorized Distributor
must require each recipient, including the parent or legal guardian, to sign the
Conditions of Acceptance form supplied by the Commission before providing an Assistive
Telecommunication Device or Adaptive Equipment unit. The Authorized Distributor
and Authorized Maintenance Center must forward all forms to the Commission.
(6) If needed, the Commission
may contract with an agency or individual to provide training on Assistive Telecommunication
Devices or Adaptive Equipment to specialized populations.
(7) Recipients of Assistive
Telecommunication Devices or Adaptive Equipment are responsible for replacement
paper for the Assistive Telecommunication Device or Adaptive Equipment, the payment
of the recipient's monthly telephone bill, the purchase or lease cost of recipient's
telephone, the cost of replacement light bulbs for signal devices and batteries
for the equipment.
(8) The Commission may require
the Authorized Distributor to provide each recipient a copy of the OTAP application
form, mailing forms for purchasing TTY paper, and telecommunications relay service
information handouts.
(9) The recipient must return
defective or damaged equipment to the Commission, at the Commission’s expense,
prior to receiving repaired or replacement equipment. The Commission will decide
whether to replace or to repair the damaged or defective equipment. The requirement
to return defective or damaged equipment prior to receiving repaired or replaced
equipment may be waived by the Commission.
Stat. Auth.: ORS 183, 756, 759 &
1987 OL Ch. 290
Stats. Implemented: ORS 756.040,
759.036 & 1987 OL Ch. 290
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 5-1992, f. & cert. ef. 2-14-92 (Order No. 92-238); PUC 18-1997,
f. & cert. ef. 12-17-97; PUC 12-1999, f. & cert. ef. 11-18-99; PUC 16-2004,
f. & cert. ef. 12-1-04; PUC 12-2009, f. & cert. ef. 11-13-09; PUC 5-2013(Temp),
f. & cert. ef. 6-28-13 thru 12-24-13; PUC 7-2013, f. & cert. ef. 12-20-13
860-033-0545
TDAP Compensable Expense
(1) The Authorized
Distributors and the Authorized Maintenance Centers may be compensated from the
RSPF for specific costs incurred as a result of participating in the TDAP. These
contracted programs and services must request compensation by submitting an invoice
to the Commission at least quarterly. Funds must be disbursed to these contracted
programs or services no more than 30 calendar days after a properly filed invoice
is received by the Commission:
(a) The
Authorized Distributors may be compensated for coordinating and storing the Assistive
Telecommunication Devices or Adaptive Equipment. Invoices must indicate all services
performed by distributors and the number of the Assistive Telecommunication Devices
or Adaptive Equipment units provided to recipients. Compensable services must include
the cost of Assistive Telecommunication Devices or Adaptive Equipment with an identification
number, shipping costs, storage costs, delivery costs, and other related costs.
(b) The
Authorized Distributors may be compensated for the cost of preparing and distributing
the Assistive Telecommunication Devices or Adaptive Equipment and maintenance services
requested by the customers. Invoices must indicate the number of the Assistive Telecommunication
Devices or Adaptive Equipment unit including the engraved identification on either
distributing Assistive Telecommunication Devices or Adaptive Equipment to the recipient
or receiving Assistive Telecommunication Devices or Adaptive Equipment repair orders
from the recipient. The specific tasks of preparation and services in distributing
the Assistive Telecommunication Devices or Adaptive Equipment are subject to written
agreement between the Commission and the contracted Assistive Telecommunication
Devices or Adaptive Equipment personnel.
(c) The
Authorized Maintenance Centers may be compensated for repairing the damaged Assistive
Telecommunication Devices or Adaptive Equipment, the storage of extra Assistive
Telecommunication Devices or Adaptive Equipment replacements, and the required insurance
for storage. Invoices must indicate the labor and parts of the damaged Assistive
Telecommunication Devices or Adaptive Equipment, the storage cost, and the insurance
premium cost, including Assistive Telecommunication Devices or Adaptive Equipment
identification inventory.
(d) The
Commission will determine the rate of compensation based on the cost the Authorized
Distributor should reasonably incur to accomplish each task.
(2) Based
upon accounting procedures established by the Commission, the Authorized Distributors
and Authorized Maintenance Centers must maintain accounting records in such a manner
that costs associated with TDAP can be separately identified. The Commission may
audit the records of an Authorized Distributor or an Authorized Maintenance Center.
Stat. Auth.:
ORS 183, 756, 759 & Ch. 290, OL 1987

Stats.
Implemented: ORS 756.040, 759.036 & Ch. 290, OL 1987

Hist.:
PUC 7-1988, f. & cert. ef. 4-6-88 (Order No. 88-339); PUC 5-1992, f. & cert.
ef. 2-14-92 (Order No. 92-238); PUC 18-1997, f. & cert. ef. 12-17-97; PUC 12-1999,
f. & cert. ef. 11-18-99; PUC 19-2003, f. & cert. ef. 11-14-03; PUC 12-2009,
f. & cert. ef. 11-13-09; PUC 9-2011, f. & cert. ef. 10-4-11
860-033-0560
Oregon Telecommunications Relay Service (OTRS)
The OTRS must comply with the Americans with Disabilities Act's requirements as set forth in 47 C.F.R. § 64.601-64.606 (2008).
Stat. Auth.: ORS 183, 756, 759 & Ch. 290, OL 1987

Stats. Implemented: ORS 756.040, 759.036 & Ch. 290, OL 1987

Hist.: PUC 5-1992, f. & cert. ef. 2-14-92 (Order No. 92-238); PUC 18-1997, f. & cert. ef. 12-17-97; PUC 12-2009, f. & cert. ef. 11-13-09

The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
The Oregon Administrative Rules and the Oregon Bulletin are
copyrighted by the Oregon Secretary of State. Terms
and Conditions of Use