Or. Admin. R. 860-033-0007
Current through Register Vol. 63, No. 8, August 1, 2024
Section 860-033-0007 - Late Reports and Failure to Remit Surcharge(1) For any period for which a telecommunications provider, interconnected voice over internet protocol service provider, or a cellular, wireless, or other radio common carrier fails to file a Remittance Report and remit the surcharge by the due date as required by these rules, the Commission may issue a notice of proposed assessment for the surcharge amount to the telecommunications provider, interconnected voice over internet protocol service provider, or a cellular, wireless, or other radio common carrier based upon any information available to the Commission.(2) If a telecommunications provider, interconnected voice over internet service provider or a cellular, wireless, or other common carrier failed to file a Remittance Report within the time specified in these rules, the Commission may add to the proposed assessment a late report fee per OAR 860-001-0050(3)(e) and, if the provider or carrier failed to remit the surcharge by the due date, the Commission may add an assessment, up to a maximum of $500, and interest on the surcharge amount owed at the rate of 9 percent per annum from the due date. (3) The proposed assessment may not cover a period longer than three years prior to the date of the notice of proposed assessment. But, if the telecommunications provider did not hold a certificate of authority, if one was required by law, the Commission has an unlimited time to propose an assessment for the period represented by the non-filed Remittance Report.(4) In addition to any other penalty allowed by law, the Commission may suspend or cancel a telecommunications provider's certificate of authority to provide telecommunications service or revoke an eligible telecommunications provider's designation for failure to timely file a Remittance Report or its failure to remit the surcharge by the due date.Or. Admin. R. 860-033-0007
PUC 19-2003, f. & cert. ef. 11-14-03; PUC 16-2004, f. & cert. ef. 12-1-04; PUC 12-2009, f. & cert. ef. 11-13-09; PUC 1-2010, f. & cert. ef. 5-18-10; PUC 9-2011, f. & cert. ef. 10-4-11; PUC 5-2013(Temp), f. & cert. ef. 6-28-13 thru 12-24-13; PUC 7-2013, f. & cert. ef. 12-20-13; PUC 7-2020, amend filed 12/30/2020, effective 12/30/2020Statutory/Other Authority: ORS 183, ORS 756, ORS 759 & 1987 OL Ch. 290
Statutes/Other Implemented: ORS 756.040, ORS 759.036 & 1987 OL Ch. 290