Oregon Revised Statutes Chapter 759 § 759.687 — Residential Service Protection Fund

Residential Service Protection Fund. The Residential Service Protection Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by moneys in the fund shall be credited to the fund. All moneys in the fund are appropriated to the Public Utility Commission to carry out the provisions of chapter 290, Oregon Laws 1987. [1987 c.290 §8; 1989 c.966 §74; 1991 c.622 §3; 1991 c.872 §1; 1993 c.231 §2] (Residential Service Protection) Note: Sections 2 to 6 and 16, chapter 290, Oregon Laws 1987, provide: Sec. 2. The Legislative Assembly declares that it is the policy of this state to assure that adequate, affordable residential telecommunication service is available to all citizens of this state. [1987 c.290 §2] Sec. 3. In carrying out the provisions of section 2 of this 1987 Act, the Public Utility Commission may require telecommunications public utilities to assure that time payment plans for deposits and installation charges or such other options as may be appropriate for a particular telecommunications public utility are made available. [1987 c.290 §3] Sec. 4. In carrying out the provisions of section 2 of this 1987 Act the Public Utility Commission may: (1) Notwithstanding ORS 757.310, approve a different rate for local exchange residential telecommunication service for low income customers than the rate charged to other residential customers. However, any such rate is subject to all other provisions of this chapter [ORS chapter 759]. (2) Establish plans, or require telecommunications public utilities to establish plans, to educate customers regarding the options available for obtaining telecommunication services. [1987 c.290 §4] Note: The amendments to section 4, chapter 290, Oregon Laws 1987, by section 2, chapter 502, Oregon Laws 2025, become operative on the date the Public Utility Commission adopts necessary rules, no later than December 1, 2026. See section 11, chapter 502, Oregon Laws 2025. The text that is operative on and after that date is set forth for the user’s convenience. Sec. 4. In carrying out the provisions of section 2, chapter 290, Oregon Laws 1987, the Public Utility Commission may: (1) Notwithstanding ORS 757.310, approve a different rate for local exchange residential telecommunication service for low-income customers than the rate charged to other residential customers. However, any such rate is subject to all other provisions of ORS chapter 759. For the purposes of this section, the commission may define “low-income customer” by rule. (2) Establish plans, or require telecommunications public utilities to establish plans, to educate customers regarding the options available for obtaining telecommunication services. Sec. 5. (1) In carrying out the provisions of section 2, chapter 290, Oregon Laws 1987, the Public Utility Commission shall establish rules to prohibit the termination of local exchange residential service when such termination would significantly endanger the physical health of the residential customer. (2) The commission shall provide by rule a method for determining when the termination of local exchange residential service would significantly endanger the physical health of the residential customer. (3)(a) The commission shall require that each telecommunications public utility: (A) Accept medical statements by licensed physicians, naturopathic physicians and licensed nurse practitioners as sufficient evidence of significant endangerment of health; and (B) Establish procedures for submitting and receiving such medical statements. (b) A medical statement submitted under this subsection shall be valid for such period as the commission, by rule, may prescribe. (4) Rules adopted by the commission pursuant to this section shall not apply to telecommunication service other than local exchange residential service. (5) A customer submitting a medical certificate as provided in this section is not excused from paying for telecommunication service. Customers are required to enter into a time payment agreement with the utility if an overdue balance exists. Local exchange service is subject to termination if a customer refuses to enter into or fails to abide by terms of a payment agreement. (6) Nothing in this section prevents the termination of local exchange residential service if the telecommunications public utility providing the service does not have the technical ability to terminate toll telecommunication service without also terminating local exchange telecommunication service. [1987 c.290 §5; 2017 c.356 §104] Sec. 6. (1) In carrying out the provisions of section 2, chapter 290, Oregon Laws 1987, and to support broadband internet access service, the Public Utility Commission shall establish a plan to provide assistance to low income customers through differential rates or otherwise. The plan of assistance may be in addition to the available funding offered by the Fede