OAR 860-032-0100: Collective Consideration of Oregon Intrastate Rate, Tariff, or Service Proposals

(1) Local exchange telecommunications utilities, unincorporated associations, and cooperative corporations may become members of the Oregon Exchange Carrier Association, Inc. The Association’s rules of procedure shall be subject to approval by the Commission. The Association’s rules of procedure shall provide for joint or collective consideration of proposals for changes in intrastate rates, tariffs, or conditions of service. The Association may file petitions and publish tariffs and may represent its members before the Commission. Membership in the Association by a local exchange telecommunications utility providing toll service shall be subject to approval by the Commission. (2) All telecommunications rates, fares, charges, classifications, rules, and regulations governing the practices and services of local exchange telecommunications utilities, unincorporated associations, and cooperative corporations who are subject to ORS 759.225 shall be filed with the Commission. Changes in all tariffs shall be submitted to the Commission subject to all the procedural requirements and protections presently associated with utility filings before the Commission. (3) The Association shall not discourage independent proposals of members to be filed directly with the Commission, nor oppose at hearings any independent proposal of a member or nonmember telecommunications provider. (4) The Commission has the authority to supervise the activities of the Association. However, such supervision and advice shall not compromise the independent evaluation of any proposal that must be submitted to the Commission for final approval. (5) To the extent that the Association is involved in the collection and redistribution of funds pursuant to Commission orders authorizing certain revenue sharing arrangements under common tariff, the Association shall maintain and provide to the Commission, in a timely manner, monthly and annual financial reports. These reports shall include: (a) Budgetary estimates and forecasts for the fund administrator and all fund collections and distributions to each member local exchange carrier and the basis upon which the collection and distribution are budgeted; (b) Actual expenditures of the fund administrator; (c) Actual fund collections and distributions to each member local exchange carrier and the bases upon which the collection and distribution are made; and (d) Budget-to-actual tracking reports for the fund administrator and for fund collections and distributions for each member local exchange carrier. (6) Activities taken pursuant to this rule are deemed to be an integral and necessary part of state regulation of telecommunications service in Oregon and are in the public interest. (7) The Association shall adopt rules to provide for broad participation by its members, interested persons, and nonmember telecommunications providers in its deliberations. The rules shall provide procedures for notifying members and other persons of Association meetings and for providing meeting agendas to such persons.