Chapter 642 Oregon Laws 2003

AN ACT

HB 2230

Relating to telecommunications.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Section 2 of this 2003 Act is added to and made a part of ORS chapter 759.

SECTION 2. (1) The Public Utility Commission may by rule assume primary responsibility for resolving consumer complaints relating to changes in a consumer’s telecommunications carrier, as defined in ORS 759.400, in violation of federal laws, federal regulations or Federal Communications Commission orders.

(2) If the Public Utility Commission assumes primary responsibility for resolving consumer complaints relating to changes in a consumer’s telecommunications carrier under this section, the commission shall by rule:

(a) Establish a complaint process for consumers who have had changes in telecommunications carriers;

(b) Establish a process for investigating complaints under this section; and

(c) Establish appropriate remedies for consumers who have had changes in telecommunications carriers in violation of federal laws, federal regulations or Federal Communications Commission orders.

(3) Rules adopted by the Public Utility Commission under this section must be consistent with federal laws, federal regulations and Federal Communications Commission orders relating to resolution of consumer complaints arising out of changes in telecommunications carriers, and may not impose more stringent conditions or penalties for changes in telecommunications carriers than the conditions and penalties imposed by federal laws, federal regulations or Federal Communications Commission orders for changes in telecommunications carriers.

(4) The Public Utility Commission may not adopt rules under this section that are applicable to radio common carriers.

(5) Nothing in this section affects the ability of the Attorney General to seek remedies under ORS 646.605 to 646.652 to the extent that an unauthorized change in telecommunications carriers constitutes an unlawful practice under ORS 646.605 to 646.652.

Approved by the Governor August 12, 2003

Filed in the office of Secretary of State August 13, 2003

Effective date January 1, 2004

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