Oregon Statutes 759.687 – Residential Service Protection Fund
The Residential Service Protection Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by moneys in the fund shall be credited to the fund. All moneys in the fund are appropriated to the Public Utility Commission to carry out the provisions of chapter 290, Oregon Laws 1987. [1987 c.290 § 8; 1989 c.966 § 74; 1991 c.622 § 3; 1991 c.872 § 1; 1993 c.231 § 2]
Terms Used In Oregon Statutes 759.687
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- person with a disability: means any person who:
(a) Has a physical or mental impairment which substantially limits one or more major life activities;
(b) Has a record of such an impairment; or
(c) Is regarded as having such an impairment. See Oregon Statutes 174.107
- State Treasury: includes those financial assets the lawful custody of which are vested in the State Treasurer and the office of the State Treasurer relating to the custody of those financial assets. See Oregon Statutes 174.100
- Telecommunications: means the transmission of information chosen by a person, between or among points specified by the person, without change in the form or content of the information sent or received. See Oregon Statutes 759.005
(Residential Service Protection)
Sections 2 to 6 and 16, chapter 290, Oregon Laws 1987, provide:
The Legislative Assembly declares that it is the policy of this state to assure that adequate, affordable residential telecommunication service is available to all citizens of this state. [1987 c.290 § 2]
In carrying out the provisions of section 2 of this 1987 Act, the Public Utility Commission may require telecommunications public utilities to assure that time payment plans for deposits and installation charges or such other options as may be appropriate for a particular telecommunications public utility are made available. [1987 c.290 § 3]
In carrying out the provisions of section 2 of this 1987 Act the Public Utility Commission may:
(1) Notwithstanding ORS § 757.310, approve a different rate for local exchange residential telecommunication service for low income customers than the rate charged to other residential customers. However, any such rate is subject to all other provisions of this chapter [ORS Chapter 759].
(2) Establish plans, or require telecommunications public utilities to establish plans, to educate customers regarding the options available for obtaining telecommunication services. [1987 c.290 § 4]
(1) In carrying out the provisions of section 2, chapter 290, Oregon Laws 1987, the Public Utility Commission shall establish rules to prohibit the termination of local exchange residential service when such termination would significantly endanger the physical health of the residential customer.
(2) The commission shall provide by rule a method for determining when the termination of local exchange residential service would significantly endanger the physical health of the residential customer.
(3)(a) The commission shall require that each telecommunications public utility:
(A) Accept medical statements by licensed physicians, naturopathic physicians and licensed nurse practitioners as sufficient evidence of significant endangerment of health; and
(B) Establish procedures for submitting and receiving such medical statements.
(b) A medical statement submitted under this subsection shall be valid for such period as the commission, by rule, may prescribe.
(4) Rules adopted by the commission pursuant to this section shall not apply to telecommunication service other than local exchange residential service.
(5) A customer submitting a medical certificate as provided in this section is not excused from paying for telecommunication service. Customers are required to enter into a time payment agreement with the utility if an overdue balance exists. Local exchange service is subject to termination if a customer refuses to enter into or fails to abide by terms of a payment agreement.
(6) Nothing in this section prevents the termination of local exchange residential service if the telecommunications public utility providing the service does not have the technical ability to terminate toll telecommunication service without also terminating local exchange telecommunication service. [1987 c.290 § 5; 2017 c.356 § 104]
(1) In carrying out the provisions of section 2, chapter 290, Oregon Laws 1987, and to support broadband internet access service, the Public Utility Commission shall establish a plan to provide assistance to low income customers through differential rates or otherwise. The plan of assistance may be in addition to the available funding offered by the Federal Communications Commission. The plan established by the Public Utility Commission shall prescribe the amount of assistance to be provided and the time and manner of payment.
(2) For the purpose of establishing a plan to provide assistance to low income customers under this section, the commission shall require all public utilities, cooperative corporations and unincorporated associations providing local exchange telecommunication service to participate in the plan, except as provided in subsection (3) of this section.
(3) In lieu of participation in the commission’s plan to assist low income customers, a public utility, cooperative corporation or unincorporated association providing local exchange telecommunication service may apply to the commission to establish an alternative plan for the purposes of carrying out the provisions of section 2, chapter 290, Oregon Laws 1987, and supporting broadband internet access service for its own customers. The commission shall adopt standards for determining the adequacy of alternative plans.
(4) The commission may contract with any governmental agency to assist the commission in the administration of any assistance plan adopted pursuant to this section.
(5) As used in sections 2 to 6, chapter 290, Oregon Laws 1987, ‘low income customer’ has the meaning given that term by the commission by rule. [1987 c.290 § 6; 1991 c.622 § 1; 2007 c.29 § 1; 2009 c.599 § 25; 2011 c.77 § 1; 2013 c.29 § 1; 2019 c.91 § 1; 2021 c.66 § 1]
(1) Sections 1, 2, 3, 4 and 15, chapter 290, Oregon Laws 1987, are repealed on January 1, 2030.
(2) Section 5, chapter 290, Oregon Laws 1987, as amended by section 104, chapter 356, Oregon Laws 2017, is repealed on January 1, 2030.
(3) Section 6, chapter 290, Oregon Laws 1987, as amended by section 1, chapter 622, Oregon Laws 1991, section 1, chapter 29, Oregon Laws 2007, section 25, chapter 599, Oregon Laws 2009, section 1, chapter 77, Oregon Laws 2011, section 1, chapter 29, Oregon Laws 2013, section 1, chapter 91, Oregon Laws 2019, and section 1 of this 2021 Act, is repealed on January 1, 2030.
(4) Section 2, chapter 204, Oregon Laws 2005, as amended by section 359, chapter 70, Oregon Laws 2007, is repealed on January 1, 2030. [1987 c.290 § 16; 1991 c.622 § 4; 1997 c.481 § 1; 2001 c.408 § 1; 2009 c.544 § 1; 2017 c.434 § 4; 2021 c.66 § 2]
Sections 1 and 2, chapter 204, Oregon Laws 2005, provide:
Section 2 of this 2005 Act is added to and made a part of sections 2 to 6, chapter 290, Oregon Laws 1987. [2005 c.204 § 1]
(1) In carrying out the provisions of section 2, chapter 290, Oregon Laws 1987, the Public Utility Commission shall adopt rules to prohibit the termination of local exchange residential service if the termination would significantly endanger a customer, or a person in the household of the customer, who is:
(a) At risk of domestic violence, as defined in ORS § 135.230;
(b) At risk of unwanted sexual contact, as defined in ORS § 163.305;
(c) A person with a disability, as defined in ORS § 124.005, who is at risk of abuse, as defined in ORS § 124.005 (1)(a), (d) or (e);
(d) An elderly person, as defined in ORS § 124.005, who is at risk of abuse, as defined in ORS § 124.005 (1)(a), (d) or (e); or
(e) A victim of stalking, as described in ORS § 163.732.
(2) A customer may establish that termination of local exchange residential service would significantly endanger the customer, or a person in the household of the customer, by providing a telecommunications public utility with an affidavit signed by the customer stating that termination would place the customer, or a person in the household of the customer, at significant risk of domestic violence, as defined in ORS § 135.230, or of unwanted sexual contact, as defined in ORS § 163.305. The customer must attach to the affidavit a copy of an order issued under ORS § 30.866, 107.700 to 107.735, 124.005 to 124.040 or 163.738 that restrains another person from contact with the customer, or a person in the household of the customer, or a copy of any other court order that restrains another person from contact with the customer, or a person in the household of the customer, by reason of a risk described in subsection (1) of this section or by reason of stalking.
(3) The commission shall require that each telecommunications public utility establish procedures for submitting and receiving affidavits under subsection (2) of this section.
(4) This section does not apply to termination of any telecommunication service other than local exchange residential service.
(5) A customer submitting an affidavit as provided by subsection (2) of this section is not excused from paying for telecommunication service. Customers are required to enter into a reasonable payment agreement with the telecommunications public utility if an overdue balance exists. Local exchange residential service may be terminated if a customer refuses to enter into or fails to abide by the terms of a reasonable payment agreement.
(6) Nothing in this section prevents the termination of local exchange residential service if the telecommunications public utility providing the service does not have the technical ability to terminate toll telecommunication service without also terminating local exchange residential service. [2005 c.204 § 2; 2007 c.70 § 359]