(1) Any telecommunications utility violating ORS 759.260 commits a Class A violation, and upon conviction the court shall impose a fine of not less than $100. Violation of ORS 759.260 by an officer or agent of a telecommunications utility is a Class D violation.
(2) Any person violating ORS 759.275 shall, upon conviction, forfeit and pay to the State Treasurer not less than $100 and not more than $10,000 for each offense. Violation of ORS 759.275 by any agent or officer of any telecommunications utility or person is punishable, upon conviction, by a fine of not less than $100 and not more than $1,000 for each offense.
(3) Violation of ORS 759.280 is a Class A violation.
(4) Violation of ORS 759.355 is punishable, upon conviction, by a fine of not less than $500 nor more than $20,000 for each offense.
(5) Violation of ORS 759.360 is a felony and is punishable, upon conviction, by a fine of not less than $1,000 nor more than $20,000, or by imprisonment in the penitentiary for not less than one nor more than five years, or both.
(6) A telecommunications carrier, as defined in ORS 759.400, shall forfeit a sum of not less than $100 nor more than $50,000 for each time that the carrier:
(a) Violates any statute administered by the Public Utility Commission;
(b) Commits any prohibited act, or fails to perform any duty enjoined upon the carrier by the commission;
(c) Fails to obey any lawful requirement or order made by the commission; or
(d) Fails to obey any judgment made by any court upon the application of the commission.
(7) In construing and enforcing subsection (6) of this section, the act, omission or failure of any officer, agent or other person acting on behalf of or employed by a telecommunications carrier and acting within the scope of the person’s employment shall in every case be deemed to be the act, omission or failure of such telecommunications carrier.
(8) Except when provided by law that a penalty, fine, forfeiture or other sum be paid to the aggrieved party, all penalties, fines, forfeitures or other sums collected or paid under subsection (6) of this section shall be paid into the General Fund and credited to the Public Utility Commission Account. [1987 c.447 §52; 1999 c.1051 §225; 1999 c.1093 §39; 2003 c.576 §563]
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Section: Previous 759.650 759.655 759.660 759.665 759.670 759.675 759.690 759.700 759.705 759.710 759.715 759.720 759.730 759.900 759.990Last modified: August 7, 2008