Or. Admin. R. 860-100-0110 - Quarterly OUS Fund Reporting: Filing and Payment

(1) For the purpose of the OUS fund, a telecommunications provider must file its contribution report with the OUS Administrator. For the first quarter (January through March) the contribution report is due on or before May 28, for the second quarter (April through June) it is due on or before August 28, for the third quarter (July through September) it is due on or before November 28, and for the fourth quarter (October through December) it is due on or before February 28 of the following year. The contribution report must include the signature of an officer of the telecommunications provider, or an officer's designee, verifying the accuracy of the information in the contribution report. In the case of the electronic filing, the required signature is an electronic signature. A telecommunications provider must send or transmit its contribution report so that it is received in the OUS Administrator's offices no later than 5 p.m. on the date it is due.

(2) A telecommunications provider must file the contribution report for each quarter with no exceptions, including when the contribution amount shown on the report is $0.00.

(3) The amount shown on the contribution report referenced in section (1) of this rule is due and payable by the telecommunications provider on or before the following days: February 28, May 28, August 28, and November 28. A telecommunications provider must send payment (electronically or by mail) so that it is received in the Commission's offices by no later than 5 p.m. on the date it is due.

(4) If the telecommunications provider's contribution amount for a quarter is less than a minimum of $10 (i.e., $9.99 or less), the telecommunications provider is not required to pay the contribution amount for that quarter but it must still file its contribution report. If the telecommunications provider has outstanding amounts owing for contributions, late statement fees, late payment penalties, and interest totaling more than the $10 minimum amount, this section does not apply and the total amount is due and payable.

(5) If a telecommunications provider fails to file a contribution report as required by these rules, the Commission will impose a late report fee of $100.

(6) If a telecommunications provider files a contribution report but fails to pay the contribution amount in full on or before the day it is due, the Commission will add a late payment fee equal to nine percent (9%) of the unpaid amount of the contribution, up to a maximum of $500.

(7) If a telecommunications provider fails to pay the contribution amount in full on or before the day it is due, the Commission will add interest on the unpaid contribution amount at the rate of nine percent per annum from the day payment was due until paid.

(8) If the amount shown due on a contribution report is not paid on the due date, the Commission may issue a written notice of proposed assessment or proposed order to set the sum due. The Commission may waive the late report fee, the late payment fee, the interest on the unpaid contribution amount, or any combination thereof, if the provider requests the waiver and provides evidence showing that the provider paid its contribution amount late due to circumstances beyond its control.

(9) A telecommunications provider must submit revisions to a previously-filed contribution report no later than three years from its due date. If making the refunds arising from one or more Commission-verified revised contribution reports received from the telecommunications provider would have a material financial impact on the OUS fund, the OUSF Board may enter into an agreement with the telecommunications provider to spread payment of the refunds over a time period not to exceed three years.

(10) For the purpose of its contribution reports to the OUS Fund, a commercial mobile radio service provider and an interconnected VoIP service provider may use one of the following methods to allocate its revenue from commercial mobile radio service and interconnected VoIP service, but must use the same method for the OUS Fund that it uses for the federal universal service fund assessment for the corresponding time period:

(a) The FCC safe harbor allocation specified in the Instructions to the Telecommunications Reporting Worksheet, FCC Form 499-A; or

(b) A traffic study if that traffic study meets the requirements described in the Instructions to the Telecommunications Reporting Worksheet, FCC Form 499-A, and was filed with the Universal Service Administration Company (USAC) for the corresponding time period; or

(c) Another means of accurately classifying revenues from commercial mobile radio service and interconnected VoIP service between federal and state jurisdictions.

(11) A provider that provides, to multiple locations, shared simultaneous voice channel capacity configured to provide local dial in different states, the revenue subject to the surcharge shall be only the portion of the shared capacity in this state as identified:

(a) By information itemizing, on the billing statements provided to customers, the charges subject to the surcharge, as may be identified by individual end-user location, the total number of end users and the number of end users at each end-user location; or

(b) If information described in (a) of this rule does not exist, by the provider's billing system books and records.

Notes

Or. Admin. R. 860-100-0110

Renumbered from 860-032-0620, PUC 5-2016, f. & cert. ef. 11/22/2016; PUC 8-2020, amend filed 12/30/2020, effective 1/1/2021

Statutory/Other Authority: ORS 183, ORS 192, ORS 756 & ORS 759

Statutes/Other Implemented: ORS 756.040, ORS 759.015 & ORS 759.425