1. (1) Except as provided in section (3) of this rule, a pole owner may impose a sanction on a pole occupant that is in violation of OAR 860-028-0120(1)(b), except as provided in 860-028-0120(3).

2. (2) Sanctions imposed under this rule may not exceed:

   1. (a) Five times the current annual rental fee per pole if the violation is reported by the occupant to the owner and is accompanied by a permit application or is discovered through a joint inspection between the owner and occupant and accompanied by a permit application; or
   2. (b) $100 per pole plus five times the current annual rental fee per pole if the violation is reported by the owner in an inspection in which the occupant has declined to participate.
3. (3) Sanctions imposed pursuant to this rule may be imposed no more than once in a 60 day period.

4. (4) A pole owner may not impose new sanctions for ongoing violations after the initial 60 day period if:

   1. (a) The occupant filed a permit application in response to a notice of violation; or
   2. (b) The notice of violation involves more than the threshold number of poles, as defined in OAR 860-028-0020(32), and the parties agree to a longer time frame to complete the permitting process.
5. (5) This rule does not apply to a pole occupant that is a government entity.

Statutory/Other Authority

ORS 183, 756, 757 & 759

Statutes/Other Implemented

ORS 756.040, 757.035, 757.270 - 290, 759.045 & 759.650 - 675

History

PUC 2-2007, f. & cert. ef. 4-16-07
PUC 23-2001, f. & cert. ef. 10-11-01, Renumbered from 860-022-0140 & 860-034-0840
PUC 15-2000, f. 8-23-00, cert. ef. 1-1-01