(2) A rate proceeding brought by or against an electing telecommunications carrier, after January 1, 1999, that is pending on the effective date of the carrier’s election to be subject to ORS 759.405 and 759.410, shall be dismissed by the commission or by the court if on appeal, provided the carrier elects to be subject to regulation under ORS 759.405 and 759.410 within the later of:
(a) Ninety days from the commencement of the proceeding; or
(b) Ninety days from September 1, 1999.
(3) Notwithstanding subsection (2) of this section, the parties to a rate proceeding brought by or against an electing telecommunications carrier, after January 1, 1999, that is pending on the effective date of the carrier’s election to be subject to ORS 759.405 and 759.410, may agree to continue the proceeding. [1999 c.1093 §27]