| FAQ--Telecom Providers Defined |
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TABLE OF CONTENTS
Definitions
Q1. What terms are used in Oregon to describe communication service providers?
The following table shows terms that are commonly used in Oregon:
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Holders of Certificates of Authority from OPUC
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Communications Provider
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Cooper- ative
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CLEC
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ILEC
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IXC
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Radio & Wireless
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Data & Internet
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Definitions for OPUC under Oregon Revised Statute (ORS) Chapter 759:
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Call aggregator
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X
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X
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Carrier
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X
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X
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X
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X
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X
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X
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Competitive local exchange carrier (CLEC) or intraexchange carrier
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X
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X
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X
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Competitive provider (CP)
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X
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X
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Incumbent local exchange carrier (ILEC)
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X
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X
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Interexchange carrier (IXC)
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X
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X
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X
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Reseller
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X
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X
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Shared service provider
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X
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Telecommunications carrier
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X
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X
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X
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X
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Telecommunications provider
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X
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X
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X
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X
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Telecommunications utility
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X
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Definitions for Dept. of Revenue under ORS Chapters 305-317:
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Communications utility – for property tax
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X
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X
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X
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X
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X
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X
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Public utility – for income tax
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X
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X
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X
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X
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X
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Q2. Who is a telecommunications carrier in Oregon?
A telecommunications carrier is a telecommunications provider that provides any retail telecommunications services, except a call aggregator (pay phones) (ORS 759.400). For purposes or telecommunications service quality standards under ORS 759.450, however, each telecommunications cooperative, radio communications service provider, radio paging service provider, commercial mobile radio service provider, personal communications service provider, and cellular communications service provider is excluded.
Q3. Who is a telecommunications provider in Oregon?
A telecommunications provider may be a competitive provider, competitive local exchange carrier (CLEC), incumbent local exchange carrier (ILEC), interexchange carrier (IXC), shared service provider, reseller, telecommunications utility, telecommunications cooperative, or telecommunications association. For information about specific providers, see the Utility Search Page.
Q4. Who is a competitive provider in Oregon?
According to ORS 759.005(2)(a), a competitive provider is a "telecommunications service provider which has been classified as such by the Public Utility Commission pursuant to ORS 759.020." A competitive provider may offer local exchange service and/or interexchange service.
Q5. Who is a competitive local exchange carrier (CLEC) in Oregon?
A CLEC has certificate(s) of authority in Oregon under ORS 759.020 and ORS 759.050 to provide intraexchange service only or to provide intraexchange and interexchange services.
Q6. Who is an incumbent local exchange carrier (ILEC) in Oregon?
Under ORS 759.025, ILECs are telecommunications utilities, cooperatives, and associations. For information about specific providers, see Exchanges of Incumbent Local Exchange Carriers.
Q7. Who is a telecommunications utility in Oregon?
Under ORS 759.005 and ORS 759.025(1), a telecommunications utility is any person, company, or corporation that provided intrastate telecommunications services to the public on January 1, 1986, and is an incumbent local exchange carrier. ORS 759.040 divides the telecommunications utilities into two categories: 50,000 or more access lines (large telecommunications utilities) and fewer than 50,000 access lines (small telecommunications utilities).
Q8. Who is a telecommunications cooperative or association in Oregon?
Under ORS 759.005(1)(b)(B) and ORS 759.025(2), a telecommunications cooperative or association is one of 11 incumbent local exchange carriers that does not provide intrastate telecommunications service to the public in Oregon.
Q9. Who is a public utility in Oregon?
Under ORS 757.005, a "public utility" produces, transmits, delivers, or furnishes heat, light, power, water, or wastewater services to or for the public.
Under Department of Revenue statutes, however, a public utility includes telecommunications utilities and other telecommunications providers whose rates are established or approved by any governmental agency. According to ORS 305.655 Article IV subsection (1)(f) and ORS 314.610(6), a public utility is any business entity (1) which owns or operates any plant, equipment, property, franchise, or license for the transmission of communications . . . and (2) whose rates of charges for goods or services have been established or approved by a federal, state or local government or governmental agency.
Q10. Who is a communications utility in Oregon?
Communications utility is a term used by Oregon property tax assessors and collectors. OPUC staff believes the term includes radio common carriers, wireless communications service providers, and telecommunications providers. According to ORS 308.505(6) for property tax assessments, "communication" includes telephone communication, telegraph communication, and data transmission services by whatever means provided.
To derive Oregon taxable income for purposes of the corporation excise tax assessed under ORS Chapter 317, a public utility is apparently defined in ORS 757.005 and a telecommunications utility is apparently defined in ORS 759.005. See ORS 317.267(1).
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Applicable Laws and Rules
Q11. What laws and rules apply to OPUC´s jurisdiction over telecommunications providers?
Most laws related to OPUC and telecommunications providers are in Oregon Revised Statute (ORS) Chapters 183, 192, 469, 756, 758, 759, and 772.
Most rules related to OPUC and telecommunications providers are in Oregon Administrative Rule (OAR) Chapters 860 and 952. See FAQs About Applicability of Rules this shows which divisions apply to the different service providers. Copies of statutes and rules are available.
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Annual Reports and Fees
Q12. What are OPUC´s annual reporting requirements for telecommunications providers?
See Annual Report Forms (C, I, L & O) For the annual report forms and FAQs about annual reporting requirements.
Q13. What are OPUC´s annual fee requirements for telecommunications providers?
See Revenue Fee Statement For the report form (Form GRT) and FAQs about annual fee requirements.
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Getting a Certificate of Authority
Q14. How does one become certified as a telecommunications provider in Oregon?
See ORS 759.020, ORS 759.050, and OAR Chapter 860 Division 032. For more information, contact Lois Meerdink at lois.meerdink@state.or.us.
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