Chapter 759

 

      759.020

 

NOTES OF DECISIONS

 

      Legislature intended all entities providing intrastate telecommunications services for hire, regardless of entity form, to be subject to certificate of authority requirement. Beaver Creek Cooperative Telephone Company v. Public Utility Commission, 182 Or App 559, 50 P3d 1231 (2002)

 

      “For-hire” basis means making service available in return for payment, whether or not for commercial profit. Beaver Creek Cooperative Telephone Company v. Public Utility Commission, 182 Or App 559, 50 P3d 1231 (2002)

 

      759.025

 

NOTES OF DECISIONS

 

      Statutory certification of intrastate telecommunications services provided by cooperatives prior to January 1, 1986, does not exempt cooperative from certificate of authority requirement for subsequent expansion of services. Beaver Creek Cooperative Telephone Company v. Public Utility Commission, 182 Or App 559, 50 P3d 1231 (2002); Beaver Creek Cooperative Telephone Company v. Public Utility Commission, 182 Or App 576, 50 P3d 1240 (2002)

 

      759.030

 

      See annotations under ORS 759.036.

 

      759.036

 

NOTES OF DECISIONS

 

Under former similar statute (ORS 759.030)

 

      Public Utility Commission authority over regulation of telecommunications services within state does not preempt concurrent municipal regulation. AT&T Communications v. City of Eugene, 177 Or App 379, 35 P3d 1029 (2001), Sup Ct review denied

 

      759.185

 

NOTES OF DECISIONS

 

      Nothing in this statute should be interpreted to limit PUC’s power to order refund in circumstances other than those specified in this statute. Pacific Northwest Bell Telephone Co. v. Katz, 116 Or App 302, 841 P2d 652 (1992), Sup Ct review denied

 

      Interim rate schedule may not be used pending outcome of investigation into existing approved rates. Pacific Northwest Bell Telephone Co. v. Eachus, 135 Or App 41, 898 P2d 774 (1995), Sup Ct review denied

 

      759.220

 

NOTES OF DECISIONS

 

      Public Utility Commission authority to regulate “terms and conditions” of through service includes authority to require financial disclosures for purpose of ensuring reasonableness of cooperative access charges. Beaver Creek Cooperative Telephone Co. v. Public Utility Commission, 162 Or App 258, 986 P2d 592 (1999), Sup Ct review denied

 

      759.375

 

NOTES OF DECISIONS

 

      Address telephone directories and business and customer lists are necessary and useful property within regulatory scope of Public Utility Commission. Pacific Northwest Bell Co. v. Katz, 121 Or App 48, 853 P2d 1346 (1993), Sup Ct review denied

 

      759.425

 

NOTES OF DECISIONS

 

      State universal service fund assessment on interstate telecommunications services provided to addresses within state conflicts with federal Telecommunications Act of 1996. AT&T Communications, Inc. v. Eachus, 174 F. Supp. 2d 1119 (D. Or. 2001)