OAR 860-033-0006: Monthly RSPF Surcharge

(1) The Commission reviews the surcharge rate and the balance in the RSPF annually. 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 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 or interconnected voice over internet protocol service 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 Federal or Oregon Lifeline 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 interconnected voice over internet protocol service provider must remit the specified RSPF surcharge amount to the Commission for each retail subscriber with access to the telecommunications relay service, including Federal or Oregon Lifeline eligible subscribers. (c) Each cellular, wireless, or other radio common carrier must remit the specified RSPF surcharge for each retail subscriber with access to the telecommunications relay service, including Federal or Oregon Lifeline eligible subscribers. The surcharge is applied on a per-instrument basis. (d) Each telecommunications public utility must identify the surcharge on each retail customer’s bill, or if no amount is due, on a monthly statement, as a separate line item named “RSPF Surcharge.” (4) A telecommunications provider, interconnected voice over internet protocol service provider, or a cellular, wireless, or other radio common carrier may remit surcharges due to the Commission by electronic transfer or by mail. (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 Remittance Report or surcharge postmarked on the due date does not meet the requirements of this section and will not be considered as timely submitted. (6) For each billing period that a telecommunications provider, interconnected voice over internet protocol service provider, or a cellular, wireless, or other radio common carrier fails to submit the surcharge on or before the due date required by these rules, the telecommunications provider, interconnected voice over internet protocol service provider, or the cellular, wireless, or other radio common carrier must pay a late payment fee in accordance with OAR 860-001-0050. (7) If the telecommunications provider, interconnected voice over internet protocol service provider, or the cellular, wireless, or other radio common carrier fails to remit the surcharge on or before the due date, the telecommunications provider, interconnected voice over internet service provider, or the cellular, wireless, or other radio common carrier must pay interest in accordance with OAR 860-001-0050. (8) If a telecommunications provider, interconnected voice over internet protocol service provider, or a cellular, wireless, or other radio common carrier fails to file a Remittance Report as required by these rules, the telecommunications provider, interconnected voice over internet protocol service provider, or the cellular, wireless, or other radio common carrier must pay a late report fee in accordance with OAR 860-001-0050. (9) 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, interconnected voice over internet protocol service provider, or the cellular, wireless, or other radio common carrier files a written waiver request and provides evidence showing that the telecommunications provider, interconnected voice over internet protocol service 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. (10) The telecommunications provider, interconnected voice over internet protocol service 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. (11) A telecommunications provider, interconnected voice over internet protocol service 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, interconnected voice over internet protocol service provider, or cellular, wireless, or other radio common carrier remitted an excessive amount and that refunding the excess amount would have a material and adverse financial impact on the RSPF, the Commission may enter into an agreement with the telecommunications provider, interconnected voice over internet protocol service provider, or the cellular, wireless, or other radio common carrier to spread payments of the refunds over a period not to exceed three years.