Or. Admin. Code § 860-033-0005

Current through Register Vol. 63, No. 12, December 1, 2024

Section 860-033-0005 - Definitions

For the purpose of this division:

(1) "Basic Service" means "basic telephone service" as defined in OAR 860-032-0190. For qualifying low-income recipients, basic service also includes access to toll-limitation services.

(2) "Broadband internet access service" has the same meaning as defined in OAR 860-250-0010.

(3) "Competitive Provider" means a competitive telecommunications provider as defined in ORS 759.005(1) that provides services authorized under ORS 759.020.

(4) "Cooperative" means a cooperative corporation or association that provides local exchange telecommunications service within its own exchanges, is organized under ORS Chapter 62, and is certified under ORS 759.025(2).

(5) "Duplicate Support" means a customer is receiving OTAP or Lifeline supported services on two or more single lines or single line equivalents concurrently, or two or more customers in a household are receiving OTAP or Lifeline supported services concurrently.

(6) "Economic unit" means all adult individuals, eighteen or older, contributing to and sharing in the income and expenses of a household, including adult individuals with minimal or no income who benefit from another individual's financial support. Children under the age of eighteen living with their parents or guardians are considered to be part of the same household as their parents or guardians.

(7) "Eligible Telecommunications Carrier" means a provider of telecommunications service, including a cellular, wireless, or other radio common carrier, that is designated by order of the Commission as eligible to receive federal universal service support throughout a designated service area.

(8) "Eligible Telecommunications Provider" means a provider of telecommunications service, including a cellular, wireless, or other radio common carrier, that is designated by order of the Commission as eligible to provide OTAP to its qualifying low-income customers throughout a designated service area.

(9) "Household" means any individual or group of individuals, related or unrelated, who are living together at the same address as one economic unit.

(10) "Income" means gross income as defined under section 61 of the Internal Revenue Code, 26 USC § 61, for all members of the household from any source derived, unless specifically excluded by the Internal Revenue Code, Part III of Title 26, 26 USC § 101, et. seq.

(11) "Interconnected voice over internet protocol service" means a service that:

(a) Enables a real-time, two-way voice communications;

(b) Requires a broadband connection from the user's location;

(c) Requires internet protocol-compatible customer premises equipment; and

(d) Permits users generally to receive calls that originate on the public switched telephone network and to terminate calls to the public switched telephone network.

(12) "Interconnected voice over internet protocol service provider" means a provider that offers interconnected voice over internet protocol service to retail subscribers.

(13) "Lifeline" means a program established by the Federal Communications Commission as defined in 47 C.F.R. § 54 Subpart E (2016).

(14) "Lifeline Household Worksheet" means a form that the Commission sends to an applicant when the Commission is unable to determine if an applicant and a current OTAP or Lifeline customer are part of a separate economic unit or household.

(15) "Low-income customer" means an individual who demonstrates eligibility for Lifeline supported services or the Oregon Telephone Assistance Program in OAR 860-033-0030.

(16) "Marketing materials" means all media, including but not limited to print, audio, video, internet (including email, web, and social networking media), and outdoor signage, that describe the OTAP or Lifeline supported service offering.

(17) "Oregon Telephone Assistance Program" or "OTAP" means a program established by the Commission that provides a discount on basic service, broadband internet access service, or both, for eligible low-income residential customers. OTAP establishes the requirements for Eligible Telecommunications Carriers to offer Lifeline supported services in Oregon and may provide benefits that are in addition to those offered in Lifeline.

(18) "Oregon Telecommunications Relay Service" or "OTRS" means a telephone transmission service that provides the ability for an individual who is deaf, hard of hearing, deaf-blind, or who has a speech disability to engage in communication by wire or radio with one or more individuals, in a manner that is functionally equivalent to the ability of a hearing individual who does not have a speech disability to communicate using voice communication services by wire or radio.

(19) "OTAP Reimbursement Form 750" means the reporting form identified by that title that is available on the Commission's website at https://www.oregon.gov/puc/Pages/default.aspx.

(20) "Residential Service Protection Fund" or "RSPF" means a legislatively approved fund in the Oregon State Treasury that supports the Oregon Telephone Assistance Program, the Telecommunication Devices Access Program and the Oregon Telecommunications Relay Service.

(21) "RSPF Surcharge" means a specified amount up to 35 cents per month collected from each paying retail subscriber who has telecommunications service with access to the telecommunications relay service, except as provided in OAR 860-033-0006(2).

(22) "RSPF Surcharge Remittance Form 751" means the reporting form identified by that title that is available on the Commission's website at https://www.oregon.gov/puc/Pages/default.aspx.

(23) "Service Initiation Date" means the date the low-income customer began receiving the OTAP or Lifeline benefit.

(24) "Service Type" means the following type of Lifeline supported service to which the low-income customer may subscribe pursuant to the minimum service standards defined in 47 C.F.R. § 54 Subpart E (2019):

(a) Voice telephony service only;

(b) Voice telephony service with broadband internet access service - (broadband internet access service does not meet the minimum service standards);

(c) Broadband internet access service only;

(d) Broadband internet access service with voice telephony service - (voice telephony service does not meet the minimum service standards); or

(e) Bundle - both voice telephony and broadband internet access service meet the minimum service standards.

(25) "Telecommunication Devices Access Program" or "TDAP" means a program established by the Commission that provides Assistive Telecommunication Devices or Adaptive Equipment at no additional cost beyond telephone service for customers who are deaf, hard of hearing, speech-impaired, deaf-blind or have a disability.

(26) "Telecommunications provider" includes competitive providers, cooperatives and telecommunications utilities.

(27) "Telecommunications service" means the offering of telecommunications as defined in 47 C.F.R. 54.5 (2012) for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.

(28) "Telecommunications utility" means a person who is not a competitive provider and is designated as a telecommunications utility under OAR 860-032-0010.

(29) "Toll Limitation Service" means a service provided by an Eligible Telecommunications Provider that allows an OTAP recipient to choose to block the completion of outgoing toll calls (toll blocking) or to specify a certain toll usage that may be incurred per month or per billing cycle (toll control).

(30) "Tribal Lifeline" means a Lifeline service for eligible residents of Tribal lands as defined in 47 C.F.R. § 54 Subpart E (2019).

(31) "Tribal Link Up" means a federal assistance program for eligible residents of Tribal lands as defined in 47 C.F.R. § 54 Subpart E (2013).

(32) "Universal Service Administrative Company" means an independent, not-for-profit corporation designated by the Federal Communications Commission as the administrator of the universal service fund.

Or. Admin. Code § 860-033-0005

PUC 9-1988, f. & cert. ef. 4-28-88 (Order No. 88-415); PUC 5-1992, f. & cert. ef. 2-14-92 (Order No. 92-238); PUC 7-1995(Temp), f. & cert. ef. 8-17-95 (Order No. 95-860); PUC 14-1995, f. & cert. ef. 12-20-95 (Order No. 95-1328); PUC 18-1997, f. & cert. ef. 12-17-97; PUC 18-2000, f. & cert. ef. 10-24-00; PUC 4-2001, f. & cert. ef. 1-24-01; PUC 19-2003, f. & cert. ef. 11-14-03; PUC 16-2004, f. & cert. ef. 12-1-04; PUC 12-2009, f. & cert. ef. 11-13-09; PUC 9-2011, f. & cert. ef. 10-4-11; PUC 5-2013(Temp), f. & cert. ef. 6-28-13 thru 12-24-13; PUC 7-2013, f. & cert. ef. 12-20-13; PUC 7-2016(Temp), f. 11-22-16, cert. ef. 12-2-16 thru 5-30-17; PUC 5-2017, f. & cert. ef. 5/31/2017; PUC 4-2020, temporary amend filed 07/01/2020, effective 07/01/2020 through 12/27/2020; PUC 7-2020, amend filed 12/30/2020, effective 12/30/2020

Statutory/Other Authority: ORS 183, ORS 756, ORS 759 & 1987 OL Ch. 290

Statutes/Other Implemented: ORS 756.040, ORS 759.036 & 1987 OL Ch. 290