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Current as of January 01, 2023 | Updated by FindLaw Staff
(1) As used in this section:
(a) “Market rate” means a price, lease rate or other form of compensation for goods or services provided by a public body, when participating in a proprietary transaction, that is comparable to the average price, lease rate or other form of compensation in the same market for the same goods or services provided by a private-sector provider.
(b) “Private business” does not include a nonprofit emergency services organization.
(c) “Public body” has the meaning given that term in ORS 174.109.
(d) “Radio tower” means a lattice tower that is generally 60 to 200 feet tall with three or four steel support legs, or a monopole that is generally 25 to 125 feet tall, to which multiple antennae may be attached to accommodate a variety of communication services, including radio communications service, radio paging and cellular communications service.
(2) A public body shall charge a private business a market rate for access to a radio tower if the private business uses the radio tower to deliver any of the following communication services for hire:
(a) Radio communications service;
(b) Radio paging; or
(c) Cellular communications service.
(3) Subsection (2) of this section does not prohibit a public body, when participating in a proprietary transaction, from charging or receiving compensation in the form of an exchange of goods or services or in any other nonmonetary form.
Cite this article: FindLaw.com - Oregon Revised Statutes Utility Regulation § 759.070 - last updated January 01, 2023 | https://codes.findlaw.com/or/title-57-utility-regulation/or-rev-st-sect-759-070/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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