Bill Text: OR SB146 | 2011 | Regular Session | Introduced
Bill Title: Relating to the Residential Service Protection Fund; declaring an emergency.
Sponsorship: Unknown
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB146 Detail]
Download: Oregon-2011-SB146-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 551
Senate Bill 146
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber
for Public Utility Commission)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Extends scope of Residential Service Protection Fund surcharge
to include fixed interconnected voice over Internet protocol
service and prepaid telecommunications service.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to the Residential Service Protection Fund; creating new
provisions; amending section 7, chapter 290, Oregon Laws 1987;
and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 7, chapter 290, Oregon Laws 1987, as amended
by section 2, chapter 622, Oregon Laws 1991, section 8, chapter
872, Oregon Laws 1991, section 1, chapter 231, Oregon Laws 1993,
section 387, chapter 79, Oregon Laws 1995, section 1, chapter
451, Oregon Laws 1995, and section 2, chapter 408, Oregon Laws
2001, is amended to read:
{ + Sec. 7. + } { + (1) For purposes of this section:
(a) 'Customer' means a person that has telecommunications
service with access to the telecommunications relay service
through local exchange service, cellular service or other wired
or wireless means, including fixed interconnected voice over
Internet protocol service.
(b) 'Fixed interconnected voice over Internet protocol service'
means any Internet protocol enabled service that offers real-time
two-way voice communications requiring a broadband connection
from the user's location and permits users generally to receive
calls that originate on the public switched telephone network and
to terminate calls to the public switched telephone network.
(c) 'Prepaid telecommunications service' means any
telecommunications service paid for by the customer prior to
activation or use of the service.
(d) 'Prepaid telecommunications service provider' means any
telecommunications service provider that sells prepaid
telecommunications service on a wholesale or retail basis. + }
{ - (1) - } { + (2)(a) + } In order to fund the programs
provided in sections 2 to 6 and 9 to 14, chapter 290, Oregon Laws
1987, the Public Utility Commission shall develop and implement a
system for assessing a surcharge in an amount not to exceed 35
cents per month against each paying retail { - subscriber - }
{ + customer + } { - who has telecommunications service with
access to the telecommunications relay service - } . The
surcharge shall be applied on a telecommunications circuit
designated for a particular
{ - subscriber - } { + customer + }. One { - subscriber - }
{ + customer + } line shall be counted for each circuit that is
capable of generating usage on the line side of the
{ + public + } switched { + telephone + } network regardless of
the quantity of customer premises equipment connected to each
circuit. For providers of central office based services, the
surcharge shall be applied to each line that has unrestricted
connection to the telecommunications relay service. These central
office based service lines that have restricted access to the
telecommunications relay service shall be charged based on
software design. { + Except for prepaid telecommunications
service, the surcharge shall be assessed on each customer
connection for cellular, wireless, fixed interconnected voice
over Internet protocol or other radio common carriers. + }
{ - For cellular, wireless or other radio common carriers, the
surcharge shall be applied on a per instrument basis, but - }
{ + The surcharge + } applies only to
{ - subscribers - } { + customers + } whose place of primary
use, as defined and determined under 4 U.S.C. 116 to 126, is
within this state.
{ + (b) The surcharge must be assessed on each customer
connection provided and billed by each telecommunications service
provider and on any prepaid telecommunications service offered by
each prepaid telecommunications service provider.
(c) Each customer is liable to the telecommunications service
provider for payment of any surcharge properly imposed under this
section. The telecommunications service provider is not liable
for any uncollected surcharge, and does not have an obligation to
take legal action to enforce the collection of any surcharge that
is unpaid by its customers.
(d) Each telecommunications service provider that periodically
bills customers for its services must bill each customer for the
surcharge.
(e) For customers that are not billed periodically, including
but not limited to customers that purchase prepaid
telecommunications service, the telecommunications service
provider must include in the price of the service the surcharge
for each month during which the customer is authorized to use the
service. A prepaid telecommunications service provider must remit
to the Residential Protection Service Fund an amount equal to the
surcharge after collecting the amount using one of the following
options:
(A) On a monthly basis, the prepaid telecommunications service
provider must collect an amount equal to the surcharge from each
active prepaid telecommunications service customer whose account
balance is equal to or greater than the surcharge; or
(B) The prepaid telecommunications service provider must divide
the provider's total intrastate monthly revenue by the national
average monthly revenue for each prepaid telecommunications
service customer of the national prepaid telecommunications
service industry to determine the number of the provider's
prepaid customers. The prepaid telecommunications service
provider must then pay on a monthly basis an amount to the
Residential Service Protection Fund equal to the number of the
provider's prepaid customers, multiplied by the amount of the
surcharge.
(f) The commission may adopt by rule the method for calculating
the national average monthly revenue for each prepaid
telecommunications service customer of the national prepaid
telecommunications service industry.
(g) If a customer receives prepaid wireless telecommunication
services at no cost to the customer, the provider of the services
must remit an amount equal to the surcharge for each month during
which the customer is authorized to use the service. + }
{ - (2) - } { + (3) + } The surcharge imposed by subsection
{ - (1) - } { + (2) + } of this section does not apply to:
(a) Services upon which the state is prohibited from imposing
the surcharge by the Constitution or laws of the United States or
the Constitution or laws of the State of Oregon.
(b) Interconnection between telecommunications utilities,
telecommunications cooperatives, competitive telecommunications
services providers certified pursuant to ORS 759.020, radio
common carriers and interexchange carriers.
{ - (3) - } { + (4) + } The commission annually shall
review the surcharge and the balance in the Residential Service
Protection Fund and may make adjustments to the amount of the
surcharge to ensure that the fund has adequate resources but that
the fund balance does not exceed six months of projected
expenses.
{ - (4) - } { + (5) + } Moneys collected pursuant to the
surcharge { - shall - } { + may + } not be considered in any
proceeding to establish rates for telecommunication service.
{ - (5) - } { + (6) + } The commission shall direct
telecommunications public utilities to identify separately in
bills to customers for service the surcharge imposed pursuant to
this section.
SECTION 2. { + The amendments to section 7, chapter 290,
Oregon Laws 1987, by section 1 of this 2011 Act become operative
January 1, 2012. + }
SECTION 3. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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