OAR 860-100-0200: OUS Fund Support Eligibility

(1) A provider that has been designated by the Commission as eligible to receive support from the OUS Fund in a specific geographic area , may receive a distribution from the OUS Fund, provided that it: (a) Holds a certificate of authority issued under ORS 759.020; (b) Offers all supported services included in basic telephone service; (c) Offers, throughout the provider’s designated service area, all supported services included in basic telephone service; (d) Uses the provider’s own facilities, leased UNE facilities, or a combination of its own or leased facilities and resale of another provider’s retail services to provide the supported services; (e) Will use funds distributed from the OUS Fund for investment, construction, operation, maintenance, and repair to ensure that basic telephone service is available at reasonable and affordable rates in areas designated by the Commission for support; (f) Advertises the supported services included in basic telephone service; (g) Is certified by the Commission to offer and advertise Oregon Telephone Assistance Program supported services or a Commission-approved alternative plan, along with Tribal Lifeline and Tribal Link Up benefits, in compliance with Oregon Administrative Rules Chapter 860, Division 33; (h) Has the ability to remain functional during emergencies; (i) Is committed to and maintains service quality and consumer protection standards as required under OAR 860-023-0055 and OAR 860-034-0390; (j) Demonstrates that the provision of support is in the public interest; and (k) Meets all Commission reporting requirements related to OUS Fund contributions and distributions. (2) To be designated by the Commission as eligible to receive support from the OUS Fund, a competitive provider must petition the Commission for such designation in a specific geographic area and must demonstrate through its petition that the provider can meet the criteria listed in Section 1(a)-(k) of this rule. (3) A telecommunications provider is not eligible to receive an OUS Fund distribution following the Commission’s issuance of an order with an outstanding fee assessment for failing to comply with the conditions of its Certificate of Authority, until the terms of the order are satisfied. (4) A telecommunications provider is not eligible to receive an OUS Fund distribution in any month in which its Certificate of Authority has been cancelled by the Commission.