OAR 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.