(1) As used in this section:

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(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. [2013 c.440 § 1]

759.070 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 759 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

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