Or. Admin. Code § 860-100-0100 - General Provisions

(1) For the purpose of this Division, each calendar year has four quarters as follows: January 1 through March 31; April 1 through June 30; July 1 through September 30; and October 1 through December 31.

(2) Each telecommunications provider must pay into the OUS Fund, on a quarterly basis, an amount of the provider's retail telecommunications service gross billable revenue, as may be established by the Commission. This amount shall not exceed 6.0 percent of the provider's retail telecommunications service gross billable revenue.

(3) A contributor to the OUSF may recover the Oregon universal service charge from its customers subject to all other applicable statutes and rules of the Commission for setting a surcharge. A contributor to the OUSF who imposes such a surcharge on customers may not exceed the percentage established under section (2) of this rule.

(4) For the purpose of this Division, there are three worksheet forms that a telecommunications provider must complete and file when required to do so under these rules. The forms are available at: http://www.puc.state.or.us/ousf/Pages/index.aspx. Form OPUC OUS 1 is titled "Oregon Universal Service Identification Worksheet" and is referenced in these rules as the "identification worksheet." Form OPUC OUS 2 is titled "Oregon Universal Service Contribution Worksheet" and is referenced in these rules as the "contribution report." Form OPUC OUS 3 is titled "Oregon Universal Service Support Distribution Worksheet" and is referenced in these rules as the "distribution worksheet."

(5) Each report and worksheet that a telecommunications provider is required to file with the OUS Administrator under this Division is considered filed when received by the OUS Administrator.

(6) A telecommunications provider may pay any amounts due to the Public Utility Commission (Commission) by electronic transfer.

(7) The Commission may add all costs incurred in collecting a past-due OUS Fund contribution amount. In the event the Commission refers the debt to the Department of Revenue or to a collection agency, the Commission may add to the debt the anticipated amount necessary to generate a net return to the Commission of the amount of the debt.

(8) A telecommunications provider must pay a service fee in accordance with OAR 860-001-0050 for each payment returned for non-sufficient funds.

(9) In addition to any other penalty, obligation or remedy provided by law, the Commission may suspend or cancel the telecommunications provider's certificate of authority to provide telecommunications service in Oregon for that telecommunications provider's failure to file any report or worksheet required under these rules or for its failure to pay its contribution amount in full.

(10) Except as otherwise provided by law, if after an audit or review the Commission determines that the telecommunications provider has overpaid its OUS Fund contribution amount, the Commission will provide the telecommunications provider a credit in that amount against sums subsequently due from the telecommunications provider.

(11) In computing any time prescribed or allowed by these rules, the day of the act or event from which the designated time begins to run may not be included. The last day of the time period must be included, unless it is a Saturday or legal holiday, including Sunday, in which event the period runs until the end of the next day that is not a Saturday or a legal holiday. Legal holidays are those identified in ORS 187.010 and 187.020.

Notes

Or. Admin. Code § 860-100-0100

PUC 23-2002, f. & cert. ef. 12-9-02; PUC 18-2004, f. & cert. ef. 12-30-04; Renumbered from 860-032-0610,PUC 5-2016, f. & cert. ef. 11/22/2016; PUC 7-2017, amend filed 10/06/2017, effective 10/6/2017; PUC 8-2020, amend filed 12/30/2020, effective 1/1/2021; PUC 9-2022, amend filed 09/29/2022, effective 9/29/2022

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

Statutes/Other Implemented: ORS 756.040, ORS 759.015, ORS 759.425 & OL 2017, ch. 32