Oregon Statutes 758.035 – Commissions power to enforce joint use of facilities
(1) Every public utility, telecommunications utility, person, association or corporation having conduits, subways, street railway tracks, poles or other equipment on, over or under any street or highway shall for a reasonable compensation permit the use of the same by any public utility or telecommunications utility whenever public convenience or necessity requires such use and such use will not result in irreparable injury to the owner or other users of such equipment nor in any substantial detriment to the service to be rendered by such owners or other users.
Terms Used In Oregon Statutes 758.035
- 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.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(2) In case of failure to agree upon such use or the conditions or compensation for such use, any public utility, telecommunications utility, person, association or corporation interested may apply to the Public Utility Commission, and if after investigation the commission ascertains that public convenience or necessity requires such use and that it would not result in irreparable injury to the owner or other users of such equipment, the commission shall by order direct that such use be permitted and prescribe reasonable conditions and compensation for such joint use.
(3) The use so ordered shall be permitted and the prescribed conditions and compensation shall be the lawful conditions and compensation to be observed, followed and paid. The order of the commission is subject to judicial review in the manner provided by ORS § 756.610. The order may be modified by the commission upon application of any interested party or upon the commission’s own motion. All public utilities and telecommunications utilities shall afford all reasonable facilities and make all necessary regulations for the interchange of business, or traffic carried or their product between them, when ordered by the commission so to do. [Formerly 757.040; 1987 c.447 § 99; 2005 c.638 § 12; 2017 c.312 § 7]
[Renumbered 757.606]
[Renumbered 757.611]
[Amended by 1971 c.743 § 426; renumbered 757.616]
[Renumbered 757.621]
[Renumbered 757.626]
[Renumbered 757.631]
[Renumbered 757.636]
[Renumbered 757.641]
PROVISION OF BROADBAND SERVICES BY ELECTRIC COOPERATIVE