71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1999
 
                         House Bill 2817
 
Sponsored by Representative STARR (at the request of Oregon
  Trucking Association)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Provides that circuit court upon petition of Department of
Transportation may order that telecommunications utility refuse
or terminate telecommunications service, change or terminate
telephone number or deny or cancel call forwarding services if
person applying for or receiving telecommunications service is
operating or advertising as for-hire carrier of household goods
without required certificate. Requires that department make good
faith effort to terminate unlawful activity before seeking
issuance of order.
 
                        A BILL FOR AN ACT
Relating to carriers of household goods; and appropriating money.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2001 Act is added to and made
a part of ORS chapter 825. + }
  SECTION 2.  { + (1) As used in this section,
'telecommunications service' and 'telecommunications utility'
have the meanings given those terms in ORS 759.005.
  (2) Upon petition of the Department of Transportation, a
circuit court may order that a telecommunications utility:
  (a) Refuse telecommunications service to a person;
  (b) Terminate telecommunications service provided to a customer
of the telecommunications utility;
  (c) Change or terminate a telephone number used by a customer
of the telecommunications utility; or
  (d) Deny or cancel call forwarding services to a person.
  (3) The court shall issue an order under this section only if
the court finds:
  (a) The person applying for or receiving telecommunications
service is operating or advertising as a for-hire carrier of
household goods;
  (b) The person applying for or receiving telecommunications
service does not have a certificate issued under this chapter
authorizing the person to operate as a for-hire carrier of
household goods;
  (c) The telecommunications service is used directly or
indirectly to facilitate violation of the laws of this chapter
requiring a certificate as a condition of operating as a for-hire
carrier of household goods; and
 
  (d) The department has made a good faith effort to terminate
the unlawful activity of the person applying for or receiving
telecommunications service.
  (4) An order may be issued under this section in addition to,
or in lieu of, injunctive relief under ORS 823.083.
  (5) The court may issue an order under this section ex parte or
after hearing. If the court issues an ex parte order, the court
shall promptly schedule a hearing upon receiving written
objections to the order from any person adversely affected by the
order.
  (6) If a circuit court orders that a telecommunications utility
terminate the use of a telephone number under this section, or
orders that a telephone number be changed, the original number
may not be used by any telecommunications utility for a period of
one year unless a lesser period of time is specified by the court
or the number is released for use by further order of the court.
  (7) Within five business days after the telecommunications
utility receives an order issued under this section, a
telecommunications utility must give written notice to the person
affected by the order. + }
  SECTION 3.  { + There is appropriated to the Department of
Transportation, for the biennium beginning July 1, 2001, out of
the General Fund, the amount of $___ for the purpose of carrying
out section 2 of this 2001 Act. + }
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