State Codes and Statutes
Statutes > Utah > Title-54 > Chapter-08b > 54-8b-1754-8b-17. Procedures for enforcement of interconnection service quality --Penalties for violation -- Funds collected.
(1) Proceedings under Subsection 54-8b-2.2(1)(e) shall be conducted in accordance withthe following procedure:
(a) The complaint shall be served upon the defendant telecommunications corporationand filed with the commission. A copy of the complaint shall also be served upon the Divisionof Public Utilities.
(b) An answer or other responsive pleading to the complaint shall be filed with thecommission not more than 10 days after receipt of service of the complaint. Copies of theanswer or responsive pleading shall be served on the complainant and the Division of PublicUtilities.
(c) A prehearing conference shall be held not later than 10 days after the complaint isfiled.
(d) (i) The commission shall commence a hearing on the complaint not later than 25 daysafter the complaint is filed, unless the commission finds that extraordinary conditions exist thatwarrant postponing the hearing date, in which case the commission shall commence the hearingas soon as practicable.
(ii) Parties shall be entitled to present evidence as provided by the commission's rules.
(e) The commission shall take final action on a complaint not more than 45 days after thecomplaint is filed unless:
(i) the commission finds that extraordinary conditions exist that warrant extending finalaction, in which case the commission shall take final action as soon as practicable; or
(ii) the parties agree to an extension of final action by the commission.
(2) The commission shall have the enforcement powers listed in Subsection (3) if, in theproceeding, the commission finds that:
(a) the telecommunications corporation has violated the terms of the commission'sinterconnection service quality rules;
(b) the telecommunications corporation has breached its obligations under the provisionsof the Federal Telecommunications Act;
(c) either party to an approved interconnection agreement has violated the terms of theagreement; or
(d) either party has violated the terms of a statement of generally available terms.
(3) If the commission makes any of the findings described in Subsection (2), thecommission shall:
(a) order the telecommunications corporation to:
(i) remedy the violation; and
(ii) comply, as applicable, with the terms of the commission's interconnection servicequality rules, the interconnection agreement, or statement of generally available terms;
(b) if considered appropriate by the commission, prescribe the specific actions that thetelecommunications corporation must take to remedy its violation, including a time frame forcompliance and the submission of a plan to prevent future violations;
(c) if considered appropriate by the commission, impose a penalty on the defendanttelecommunications corporation subject to the following:
(i) if the violation is of the duties imposed under Section 54-8b-2.2 or 54-8b-16, thecommission may impose a penalty for such violation as provided in Section 54-7-25; or
(ii) if the violating telecommunications corporation is other than an incumbent telephonecorporation with fewer than 50,000 access lines in this state, and the violation is of a dutyimposed under an interconnection agreement, a statement of generally available terms, or theobligations of Section 251 of the Federal Telecommunications Act, the commission may imposea penalty subject to the following:
(A) if the commission finds that the violation was willful or intentional, the penalty maybe in an amount of up to $5,000 per day and the period for which the penalty is levied shallcommence on the date the commission finds the violation to have first occurred through andincluding the date the violation is corrected; or
(B) if the commission finds that the violation was not willful or intentional, the penaltymay be in an amount prescribed by Section 54-7-25 and the period for which the penalty is leviedshall commence on the day after the deadline for compliance in the commission's order.
(4) (a) The commission shall have the authority, on its own or at the request of theinjured telecommunications corporation, to investigate a party's compliance with thecommission's order under Subsection (3)(c)(ii).
(b) If corrective or remedial action acceptable to the commission is not completed:
(i) 45 days after the deadline set by the commission, the commission may increase thepenalty up to $10,000 per violation per day for a willful or intentional violation; or
(ii) 90 days after the deadline set by the commission, the commission may increase thepenalty up to $4,000 per violation per day for a violation that is not willful or intentional.
(5) (a) The penalty under Subsection (3)(c) shall be in addition to, and not in lieu of, civildamages or other remedies that may be available to the injured party.
(b) In determining the amount of the penalty or the amount agreed to in compromise, thecommission shall consider:
(i) the appropriateness of the penalty to the size of the violating party;
(ii) the gravity of the violation;
(iii) the good faith of the defendant telecommunications corporation in attempting toachieve compliance after notification of the violation;
(iv) the impact of the violation to the establishment of competition; and
(v) the actual economic harm incurred by the plaintiff telecommunications corporation.
(c) Each day of a continuing violation or a failure to comply is a separate offense forpurposes of levying a penalty under this section.
(6) All funds collected under this section shall go into the Universal PublicTelecommunications Service Support Fund established under Section 54-8b-15, and shall be inaddition to any contributions required of a telecommunications corporation under that section.
Enacted by Chapter 96, 1998 General Session
