Or. Admin. Code § 860-032-0095 - Annual Fees Payable to the Commission by a Competitive Provider
(1) On statement
forms prescribed by the Commission, each competitive provider must provide the
requested information for the subject year.
(2) Each competitive provider must pay to the
Commission an annual fee on gross retail intrastate revenue derived within
Oregon at a rate determined by Commission orders entered on or before November
1 of each year:
(a) A minimum annual fee of
$100. The annual fee is due on or before April 1 of the year after the calendar
year on which the annual fee is based. The annual fee rate will not exceed the
rate authorized in ORS
756.310 of the gross retail
intrastate revenue during the calendar year on which the annual fee is
based.
(b) A late statement fee in
accordance with OAR 860-011-0110, if the Commission has not received the
competitive provider's statement form, completed in compliance with section (1)
of this rule, on or before 5 p.m. Pacific Time on the fifth business day
following the due date.
(c) A
penalty fee for failure to pay the full amount when due, as required under ORS
756.350 and OAR
860-032-0008(1).
(d) A service fee in accordance with OAR
860-011-0110 for each payment returned for non-sufficient funds.
(e) All costs incurred by the Commission to
collect a past-due annual fee from the competitive provider.
(3) The annual fee payment must be
received by the Commission no later than 5 p.m. Pacific Time on the due date. A
payment may be by cash, money order, bank draft, sight draft, cashier's check,
certified, or personal check. A payment made by check will be conditionally
accepted until the check is cleared by the bank on which it is drawn.
(4) Each competitive provider must:
(a) Collect the annual fee by charging an
equitable amount to each retail customer, using apportionment methods that are
consistently applied by the competitive provider through Oregon, and
(b) Describe the amount of the apportioned
charge upon each retail customer's bill.
(5) Each competitive provider must:
(a) Maintain its records in sufficient detail
to readily provide gross retail intrastate revenue from Oregon
telecommunications services, as defined in OAR
860-032-0080;
(b) Follow the revenue allocation procedures
in OAR 860-032-0090; and
(c) Make its revenue accounting records
available to the Commission upon the Commission's request. A competitive
provider must keep all records supporting each statement form for three (3)
years, or until a Commission review or audit is complete, whichever is
later.
(6) For any year
in which a competitive provider's statement form was due, the Commission may
audit the competitive provider as the Commission deems necessary and
practicable:
(a) The Commission's audit must
begin no later than three years after the statement form's due date. However,
if the competitive provider failed to obtain a certificate of authority, an
audit may occur at any time.
(b) If
the Commission determines that the competitive provider has underreported its
subject revenues, the Commission may assess an additional annual fee, along
with a penalty fee for failure to pay under ORS
756.350.
(c) If the Commission determines that the
competitive provider has overpaid its annual fee, the Commission may, at is
discretion, recompense the competitive provider with a refund or a credit
against annual fees subsequently due.
(7) If the Commission receives a public
record request for the confidential information required by this rule, the
Commission may assert that, subject to the limitations of the Public Records
Law, the materials are trade secrets and, therefore, exempt from
disclosure.
(8) A cooperative that
is a competitive provider must pay an annual fee only on the gross retail
intrastate revenue from telecommunications services that are provided under the
cooperative's ORS 759.020 certificate of
authority. A cooperative should not pay an annual fee on revenue from
telecommunications services that are provided under the cooperative's 759.025
certificate of authority.
Notes
Statutory/Other Authority: ORS 183, ORS 192, ORS 756 & ORS 759
Statutes/Other Implemented: ORS 756.310, ORS 756.320 & ORS 756.350
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