OAR 860-032-0010. Classification of Applicants as Telecommunications Providers

(1) Pursuant to ORS 759.020, there shall be two classifications of telecommunications providers: (a) Telecommunications utility; and (b) Competitive provider. (2) The Commission shall classify an applicant for a certificate of authority pursuant to ORS 759.020. (3) A telecommunications provider may file a petition with the Commission under OAR 860-032-0005 to change its classification. On the Commission’s own motion, and after notice and opportunity for hearing, the Commission may change a telecommunications provider’s classification upon finding the provider no longer qualifies for the classification previously assigned or qualifies for a different classification. (4) 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 ORS 759.005(2)(c), shall be considered the operations of a competitive provider, and may only be provided pursuant to a certificate of authority granted by the Commission under ORS 759.020. Such service shall be considered operations of a competitive provider without regard to the manner the provider treats those operations. (5) Telecommunications services provided by a telecommunications utility or a cooperative pursuant to a certificate of authority granted under ORS 759.020, wherein the provider was classified as a competitive provider for purposes of providing those services, shall be considered the operations of a competitive provider without regard to the manner the provider treats those operations.