759.005
Definitions. 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]
759.010 [1987 c.447 §2; 1989 c.17 §2;
repealed by 2005 c.232 §2]
Notes of Decisions
At&T Commc'ns of Pac. Nw., Inc. v. City of Eugene, 35 P.3d 1029 (Or. Ct. App. 2001).
· cites it 6× “721(8), which defines the term as either a “telecommunications utility as defined in ORS 759.005” or a “cooperative corporation * * * that provides telecommunications services.”
City of Portland v. Elec. Lightwave, Inc., 452 F. Supp. 2d 1049 (D. Or. 2005).
· cites it 11× “See generally Or.Rev.Stat. §§ 759.005 to 759.675. Further, ELI has not presented any evidence to show that Qwest, using the formula applied to it, pays a tax that is less than 5% of its gross revenues.”
Pac. Nw. Bell Tel. Co. v. Katz, 853 P.2d 1346 (Or. Ct. App. 1993).
· cites it 4× “” ORS 759.005 (2)(g); 3 ORS 756.010(12). 4 We need not decide whether the *52 second basis for jurisdiction is valid, because we find sufficient grounds for PUC jurisdiction in ORS 759.”
City of Eugene v. Comcast of Oregon II, Inc., 333 P.3d 1051 (Or. Ct. App. 2014).
· cites it 2× “005(8) (defining “telecommunications services” identically to the Telecommunications Act); ORS 759.005(7) (defining “telecommunications” identically to the Telecommunications Act).”
Beaver Creek Coop. Tel. Co. v. Pub. Util. Comm'n, 50 P.3d 1240 (Or. Ct. App. 2002).
· cites it 2× “” OAR 860-032-0010(4) provides: “Local exchange telecommunications service provided by a telecommunications utility or a cooperative within the boundaries of local exchanges belonging to another telecommunications utility or cooperative, which exchanges are defined pursuant to…”
Ooma, Inc. v. Dept. of Rev., 24 Or. Tax 48 (Or. T.C. 2020).
“” ORS 759.005(9)(a)(A) (defining “telecommu- nications utility”); see ORS 403.”
Delta Air Lines, Inc. v. Dept. of Rev. (Or. T.C. 2023).
· cites it 7× “005(1)(a)(A) (2009)), as well as certain “telecommunications” services (ORS 759.005 (2009)). 32 Also meeting the dictionary definitions of a “utility” was any petroleum “pipeline company that is a common carrier and that is regulated as to its rates or practices by the United…”
— Or. Rev. Stat. § 759.005(1) — 1 case
City of Portland v. Elec. Lightwave, Inc., 452 F. Supp. 2d 1049 (D. Or. 2005).
“See generally Or.Rev.Stat. §§ 759.005 to 759.675. Further, ELI has not presented any evidence to show that Qwest, using the formula applied to it, pays a tax that is less than 5% of its gross revenues.”
— Or. Rev. Stat. § 759.005(1)(b)(C) — 1 case
At&T Commc'ns of Pac. Nw., Inc. v. City of Eugene, 35 P.3d 1029 (Or. Ct. App. 2001).
“721(8), which defines the term as either a “telecommunications utility as defined in ORS 759.005” or a “cooperative corporation * * * that provides telecommunications services.”
— Or. Rev. Stat. § 759.005(2) — 1 case
City of Portland v. Elec. Lightwave, Inc., 452 F. Supp. 2d 1049 (D. Or. 2005).
“See generally Or.Rev.Stat. §§ 759.005 to 759.675. Further, ELI has not presented any evidence to show that Qwest, using the formula applied to it, pays a tax that is less than 5% of its gross revenues.”
— Or. Rev. Stat. § 759.005(2)(a) — 2 cases
At&T Commc'ns of Pac. Nw., Inc. v. City of Eugene, 35 P.3d 1029 (Or. Ct. App. 2001).
“721(8), which defines the term as either a “telecommunications utility as defined in ORS 759.005” or a “cooperative corporation * * * that provides telecommunications services.”
— Or. Rev. Stat. § 759.005(2)(c) — 3 cases
Beaver Creek Coop. Tel. Co. v. Pub. Util. Comm'n, 50 P.3d 1240 (Or. Ct. App. 2002).
“” OAR 860-032-0010(4) provides: “Local exchange telecommunications service provided by a telecommunications utility or a cooperative within the boundaries of local exchanges belonging to another telecommunications utility or cooperative, which exchanges are defined pursuant to…”
— Or. Rev. Stat. § 759.005(2)(e) — 1 case
At&T Commc'ns of Pac. Nw., Inc. v. City of Eugene, 35 P.3d 1029 (Or. Ct. App. 2001).
“721(8), which defines the term as either a “telecommunications utility as defined in ORS 759.005” or a “cooperative corporation * * * that provides telecommunications services.”
— Or. Rev. Stat. § 759.005(2)(g) — 1 case
Pac. Nw. Bell Tel. Co. v. Katz, 853 P.2d 1346 (Or. Ct. App. 1993).
“” ORS 759.005 (2)(g); 3 ORS 756.010(12). 4 We need not decide whether the *52 second basis for jurisdiction is valid, because we find sufficient grounds for PUC jurisdiction in ORS 759.”
— Or. Rev. Stat. § 759.005(2)(g)(A) — 1 case
At&T Commc'ns of Pac. Nw., Inc. v. City of Eugene, 35 P.3d 1029 (Or. Ct. App. 2001).
“721(8), which defines the term as either a “telecommunications utility as defined in ORS 759.005” or a “cooperative corporation * * * that provides telecommunications services.”
— Or. Rev. Stat. § 759.005(7) — 1 case
City of Eugene v. Comcast of Oregon II, Inc., 333 P.3d 1051 (Or. Ct. App. 2014).
“005(8) (defining “telecommunications services” identically to the Telecommunications Act); ORS 759.005(7) (defining “telecommunications” identically to the Telecommunications Act).”
— Or. Rev. Stat. § 759.005(8) — 1 case
City of Eugene v. Comcast of Oregon II, Inc., 333 P.3d 1051 (Or. Ct. App. 2014).
“005(8) (defining “telecommunications services” identically to the Telecommunications Act); ORS 759.005(7) (defining “telecommunications” identically to the Telecommunications Act).”
— Or. Rev. Stat. § 759.005(9) — 1 case
Delta Air Lines, Inc. v. Dept. of Rev. (Or. T.C. 2023).
“005(1)(a)(A) (2009)), as well as certain “telecommunications” services (ORS 759.005 (2009)). 32 Also meeting the dictionary definitions of a “utility” was any petroleum “pipeline company that is a common carrier and that is regulated as to its rates or practices by the United…”
— Or. Rev. Stat. § 759.005(9)(a)(A) — 1 case
Ooma, Inc. v. Dept. of Rev., 24 Or. Tax 48 (Or. T.C. 2020).
“” ORS 759.005(9)(a)(A) (defining “telecommu- nications utility”); see ORS 403.”
— Or. Rev. Stat. § 759.005(l)(b)(B) — 1 case
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