As used in this chapter:

(1) ‘Competitive telecommunications provider’ means a telecommunications services provider that has been classified as a competitive telecommunications provider by the Public Utility Commission pursuant to ORS § 759.020.

(2) ‘Intrastate telecommunications service‘ means any telecommunications service in which the information transmitted originates and terminates within the boundaries of the State of Oregon.

(3) ‘Local exchange telecommunications service’ means telecommunications service provided within the boundaries of exchange maps filed with and approved by the commission.

(4) ‘Private telecommunications network’ means a system for the provision of telecommunications service or any portion of telecommunications service, including the construction, maintenance or operation of the system, by a person for the exclusive use of that person and not for resale, directly or indirectly.

(5) ‘Radio common carrier’ means any corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receivers and any town making available facilities to provide radio communications service, radio paging or cellular communications service for hire.

(6) ‘Shared telecommunications service’ means the provision of telecommunications and information management services and equipment to a user group located in discrete premises in building complexes, campuses or high-rise buildings, by a commercial shared services provider or by a users’ association, through privately owned customer premises equipment and associated data processing and information management services and includes the provision of connections to local exchange telecommunications service.

(7) ‘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.

(8) ‘Telecommunications service’ means telecommunications that are offered for a fee to the public, or to such class of users as to be effectively available to the public, without regard to the facilities used to provide the telecommunications. ‘Telecommunications service’ does not include:

(a) Services provided by radio common carrier.

(b) One-way transmission of television signals.

(c) Private telecommunications networks.

(d) Communications of the customer that take place on the customer side of on-premises equipment.

(9)(a) ‘Telecommunications utility’ means:

(A) Any corporation, company, individual or association of individuals, or its lessees, trustees or receivers, that owns, operates, manages or controls all or a part of any plant or equipment in this state for the provision of telecommunications service, directly or indirectly to or for the public, whether or not the plant or equipment, or any portion of the plant or equipment, is wholly within any town or city.

(B) Any corporation, company, individual or association of individuals that is party to an oral or written agreement for the payment by a telecommunications utility, for service, managerial construction, engineering or financing fees, and has an affiliated interest with the telecommunications utility.

(b) ‘Telecommunications utility’ does not include:

(A) Any plant owned or operated by a municipality.

(B) Any corporation not providing intrastate telecommunications service to the public in this state, whether or not the corporation has an office in this state or has an affiliated interest with a telecommunications utility as defined in this chapter.

(C) Any person acting only as a competitive telecommunications provider.

(D) Any corporation, company, individual or association of individuals providing only telephone customer premises equipment to the public.

(10) ‘Toll’ means switched telecommunications between exchanges carried on the public switched network. ‘Toll’ does not include services that are an option to flat rate local or extended area service, even though the options may include charges on a per-unit basis. [1987 c.447 § 1; 1989 c.5 § 15; 1991 c.326 § 2; 2005 c.232 § 1; 2007 c.825 § 1]

[1987 c.447 § 2; 1989 c.17 § 2; repealed by 2005 c.232 § 2]