Or. Admin. Code § 860-033-0045 - OTAP Compensable Expenses
(1) The Eligible Telecommunications Provider
may be compensated for the State of Oregon benefit provided to each customer
enrolled in OTAP by the Commission. If an Eligible Telecommunications Provider
offers OTAP supported service at no charge to the low-income customer, the
Commission may authorize compensation for the basic service and broadband
internet access service provided to each eligible customer.
(a) An Eligible Telecommunications Provider
offering OTAP supported service at no charge to the low-income customer that is
authorized to seek compensation must provide detailed information on the basic
service and broadband internet access service provided to each eligible
customer for which it seeks compensation.
(b) An Eligible Telecommunications Provider
must report the average monthly usage of voice minutes and data by its OTAP
customers to the Commission in an electronic format that is accessible to the
public.
(2) To receive
compensation as described in section (1) of this rule, an Eligible
Telecommunications Provider must submit a monthly OTAP Reimbursement Form on or
before the eighth calendar day after the close of the month. The Eligible
Telecommunications Provider must provide a listing of all OTAP and Lifeline
customers for which the Eligible Telecommunications Provider seeks compensation
in an electronic format accessible by the Commission. The listing must include
the account number, residential address, service type, service initiation date
and Commission-assigned OTAP Identification Number.
(3) An Eligible Telecommunications Provider
must submit any revisions to a previously filed OTAP Reimbursement Form no
later than three years from its date. If the Commission concludes that refund
is due to an Eligible Telecommunication Provider based on the revised OTAP
Reimbursement Form and that the refund would have a material adverse financial
impact on the RSPF, the Commission may enter into an agreement with the
Eligible Telecommunications Provider to spread payment of the refund over a
period of time not to exceed three years.
(4) If the Commission overcompensates an
Eligible Telecommunications Provider, the Eligible Telecommunications Provider
must immediately return the excess RSPF funds once it notifies the Commission
or is notified by the Commission of the overcompensation.
(a) If the Commission overcompensates the
Eligible Telecommunications Provider as a result of Commission error and the
Eligible Telecommunications Provider upon notification of the overcompensation
immediately returns the excess RSPF funds, the Eligible Telecommunications
Provider is not required to pay interest on the excess RSPF funds.
(b) If the Commission overcompensates the
Eligible Telecommunications Provider as a result of Commission error and upon
notification the Eligible Telecommunications Provider does not immediately
return the excess RSPF funds, the Eligible Telecommunications Provider must pay
interest on the excess RSPF funds at the rate set forth in OAR
860-001-0050.
(c) If the Commission overcompensates the
Eligible Telecommunications Provider as a result of actions by the Eligible
Telecommunications Provider, including, but not limited to, the filing of an
incorrect reimbursement form, then upon notification the Eligible
Telecommunications Provider must immediately return the excess RSPF funds and
pay interest on the excess RSPF funds at the rate set forth in OAR
860-001-0050.
(5) Notice of Proposed Assessment:
(a) If the Eligible Telecommunications
Provider is overcompensated and does not timely return the excess RSPF funds as
described in section (4) of this rule, the Commission may issue a notice of
proposed assessment for the amount due.
(b) To request a hearing on the notice of
proposed assessment, the Eligible Telecommunications Provider must submit a
written request for a hearing. The request for hearing must include a written
response that admits or denies all factual matters alleged in the notice of
proposed assessment, and alleges any and all affirmative defenses and the
reasoning in support thereof. Factual matters not denied will be considered
admitted, and failure to raise a defense will be a waiver of the defense. The
Commission must receive the request for hearing within 30 days of the date that
the notice of proposed assessment was mailed.
(c) If the Eligible Telecommunications
Provider timely files a written request for a hearing under subsection (b) of
this section, the Commission will grant the Eligible Telecommunications
Provider a hearing and provide at least 10 days' notice of the time and place
of the hearing. The Commission will conduct the hearing under its rules
governing hearings and proceedings.
(6) If the Commission does not receive a
written request for hearing within 30 days, the Commission will enter an order
on default based on information in the Commission's files. Any amount assessed
by the Commission in an order on a notice of proposed assessment is due and
payable ten days after the issue date of the order.
(7) The Commission may suspend or cancel a
telecommunications provider's certificate of authority to provide
telecommunications service or suspend or revoke an eligible telecommunications
provider's designation for failure to timely return excess RSPF
funds.
Notes
Statutory/Other Authority: ORS 183, ORS 756, ORS 759 & 1987 OL Ch. 290
Statutes/Other Implemented: ORS 756.040, ORS 759.036 & 1987 OL Ch. 290
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