OAR 860-025-0055: Exemption from Carrier of Last Resort (COLR) Obligations

(1) A telecommunications utility, cooperative corporation, or municipality may petition the Commission for an exemption from its COLR obligations as specified in this rule. (2) The COLR’s petition must comply with the requirements of filing and service for contested cases found in OAR chapter 860, division 001 and also include: (a) The name of the COLR as it appears on its certificate of authority; (b) The name, telephone number, electronic mail address, and mailing address of the person to be contacted for additional information about the petition; (c) The name, telephone number, electronic mail address, and mailing address of the person to be contacted for regulatory information, if different from the person specified in subsection (b) of this section; (d) A listing of the services it is authorized to provide; (e) Evidence that the conditions set forth in ORS 759.506(3)(a) through (3)(c) are met; (f) Maps and any other information identifying the territory for which the COLR seeks an exemption; (g) Evidence that the property for which the COLR seeks an exemption comprises four or more single family dwellings; (h) Estimates in total and per customer of the COLR’s cost to provide service to the property in the absence of conditions identified in subsection (e) of this rule, or if the COLR cannot estimate the per-customer cost, a statement as to why; (i) A copy of the notice required by section (6) of this rule; and (j) An affidavit of notice required by section (7) of this rule. (3) The petition may also include any other relevant information the COLR wishes to provide for consideration by the Commission. (4) If the COLR designates any portion of the petition to be confidential, the COLR must attach an affidavit stating the legal basis for the claim of confidentiality and comply with the requirements of OAR 860-001-0070 or 860-001-0080. (5) The petition must be filed at least 90 days before the proposed effective date of the requested exemption. (6) The COLR must also prepare a Notice of Petition for Exemption from COLR Obligations (notice). The notice must include: (a) The name of the COLR as it would normally appear on a customer bill; (b) A statement that the COLR has petitioned the Commission for an exemption from its COLR obligations; (c) The proposed effective date of the exemption; (d) A statement that comments regarding the petition may be submitted to the Commission within 45 days of service date of the notice; (e) A statement that the exemption will become effective by operation of law 90 days after the petition is filed, unless the Commission denies the petition or suspends the review of the petition for an additional 90 days; (f) A statement that if the Commission suspends review of the petition for an additional 90 days and does not deny the petition within that additional time, then the exemption becomes effective by operation of law 180 days after the petition is filed; and (g) The name, telephone number, electronic mail address, and mailing address of the COLR’s contact person for more information. (7) The COLR must serve a copy of its notice on the following persons: (a) The property owner or developer; (b) The residents within the property that the COLR is able to identify. (8) The COLR must also prepare an affidavit of notice, which must include: (a) A certificate of service stating when and by what means (electronic mail or other delivery) the notice was served on the persons identified in section (7) above, including a list showing the electronic address or address served; and (b) A statement of efforts taken to serve the notice in those instances when service was not completed. (9) Unless the Commission takes further action or denies the petition, the petition becomes effective by operation of law 90 days after the petition is filed with the Commission. (a) For good cause, the Commission may suspend the effective date of the petition for an additional 90 days. (A) The Commission’s review of the petition may not exceed 180 days. (B) Unless the Commission approves or denies the petition within the additional 90 days, the petition becomes effective by operation of law 180 days after the petition is filed with the Commission. (b) An unopposed petition for exemption may become effective without a hearing before the Commission. For good cause, the Commission may suspend the effective date of an unopposed petition without a hearing. (c) If opposition to the petition is filed with the Commission within 45 days of service of the notice, the Commission will schedule a conference to determine the proceedings necessary to complete its review within the times set forth in this rule. (10) After a COLR exemption has been granted, the exempted COLR may provide service to a requesting customer in the exempted property if there are no barriers to prevent the former COLR from entering the property to provide the requested service. The requesting customer may be subject to additional charges under the exempted COLR’s line extension tariff.