Oregon Revised Statutes

Or. Rev. Stat. § 759.375 (2026)

Approval prior to sale, mortgage or disposal of operative utility property

✓ current as of May 2026

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759.375 Approval prior to sale, mortgage or disposal of operative utility property. (1) A telecommunications utility doing business in Oregon shall not, without first obtaining the Public Utility Commission’s approval of such transaction:

(a) Sell, lease, assign or otherwise dispose of the whole of the property of such telecommunications utility necessary or useful in the performance of its duties to the public or any part thereof of a value in excess of $100,000, or sell, lease, assign or otherwise dispose of any franchise, permit or right to maintain and operate such telecommunications utility or telecommunications utility property, or perform any service as a telecommunications utility;

(b) Mortgage or otherwise encumber the whole or any part of the property of such telecommunications utility necessary or useful in the performance of its duties to the public, including any franchise, permit or right to maintain and operate such telecommunications utility or telecommunications utility property, or perform any service as a telecommunications utility; or

(c) By any means whatsoever, directly or indirectly, merge or consolidate any of its lines, plant, system or other property whatsoever, or franchise or permit to maintain or operate any telecommunications utility property, or perform any service as a telecommunications utility, or any part thereof, with any other public utility or telecommunications utility.

(2) A telecommunications utility that sells, leases, assigns or otherwise disposes of the whole of the property of such telecommunications utility necessary or useful in the performance of its duties to the public or any part thereof of a value in excess of $25,000, but less than $100,000, shall notify the commission of the sale within 60 days following the date of the sale.

(3) Every sale, lease, assignment, mortgage, disposition, encumbrance, merger or consolidation subject to subsection (1) of this section made other than in accordance with the order of the commission authorizing the same is void.

(4) This section does not prohibit or invalidate the sale, lease or other disposition by any telecommunications utility of property which is not necessary or useful in the performance of its duties to the public. [1987 c.447 §41; 1999 c.530 §2]

Notes of Decisions

Cited in 4 cases, 1992–1995 · leading case: Pac. Nw. Bell Tel. Co. v. Katz, 853 P.2d 1346 (Or. Ct. App. 1993).

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Pac. Nw. Bell Tel. Co. v. Katz, 853 P.2d 1346 (Or. Ct. App. 1993). · cites it 5× “4 We need not decide whether the *52 second basis for jurisdiction is valid, because we find sufficient grounds for PUC jurisdiction in ORS 759.375, which is the telecommuications counterpart to ORS 756.”

GTE Nw. Inc. v. Pub. Util. Comm'n, 900 P.2d 495 (Or. 1995). “075 (providing that the PUC or its representatives may enter any premises or facilities occupied by any public utility to make any inspection, examination or test reasonably required by the PUC to carry out its public duties), and because public utilities are restrained in how…”

Pac. Nw. Bell Tel. Co. v. Eachus, 826 P.2d 105 (Or. Ct. App. 1992). · cites it 2× “480 (renumbered as ORS 759.375). It approved the agreement but reserved for a later proceeding the question of how the directory revenues would affect PNB’s rate structure.”

GTE Nw. Inc. v. Pub. Util. Comm'n, 883 P.2d 255 (Or. Ct. App. 1994). “ORS 759.375 substantially limits the LEC’s ability to sell, lease, *645 assign, mortgage, encumber or otherwise dispose of its property without the PUC’s approval.”

— Or. Rev. Stat. § 759.375(l)(a) — 1 case

Pac. Nw. Bell Tel. Co. v. Katz, 853 P.2d 1346 (Or. Ct. App. 1993). “4 We need not decide whether the *52 second basis for jurisdiction is valid, because we find sufficient grounds for PUC jurisdiction in ORS 759.375, which is the telecommuications counterpart to ORS 756.”

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