OAR 860-032-0025: Petition to Exempt Services from Regulation

(1) Upon petition by a telecommunications utility and upon notice and hearing, except as provided in section (7) of this rule, the Commission shall exempt a service from regulation in whole or in part, if the Commission finds price and service competition exists. (2) Upon petition by any person, including a telecommunications utility, and upon notice and hearing, except as provided in section (7) of this rule, the Commission may exempt a service from regulation in whole or in part, if the Commission finds: (a) Price or service competition exists; (b) The service is subject to competition; or (c) The public interest no longer requires full regulation of the service. (3) Prior to making a finding under sections (1) or (2) of this rule, the Commission shall consider: (a) The extent to which services are available from alternative telecommunications providers in the relevant market; (b) The extent to which the services of alternative telecommunications providers are functionally equivalent or substitutable at comparable rates, terms, and conditions; (c) Existing economic or regulatory barriers to entry; and (d) Any other factors deemed relevant by the Commission. (4) Petitions filed under sections (1) and (2) of this rule shall contain: (a) The petitioner’s name and address; (b) A copy of the petitioner’s certificate of authority, if any; (c) The service or portion of a service proposed to be exempted from regulation; (d) Documentation which demonstrates the petition meets the requirements in sections (1), (2), and (3) of this rule; (e) The telecommunications utility’s revenues from and costs of providing the service, the long-range incremental cost of the service, the cost allocation to regulated and unregulated activities for future rate-making treatment, and supporting documentation. The information submitted under this paragraph may be submitted in confidence; (f) A statement from each joint telecommunications provider of the service that it agrees to the exemption; or (g) A statement from the petitioner indicating how the exemption will affect the rates and services of all affected joint telecommunications providers of the service. (5) The Commission may attach reasonable conditions to an exemption granted under this rule and may amend or revoke any such order under ORS 756.568. (6) Except as provided in section (7) of this rule, after notice and hearing, and upon a finding that the circumstances under which the service was exempted no longer exists or the public interest requires reregulation of the service, the Commission may reregulate a service which has been exempted under this rule. (7) If no objections are filed to proposals under sections (1), (2), or (6) of this rule, or with agreement of the parties, the Commission may waive the requirement for hearing.