OAR 860-028-0130
Sanctions for Having No Contract

(1)

Except as provided in section (2) of this rule, a pole owner may impose a sanction on a pole occupant that is in violation of OAR 860-028-0060 (Attachment Contracts)(2). The sanction may not exceed $500 per pole. This rule does not apply to:

(a)

A pole occupant that is a government entity; or

(b)

A pole occupant operating under an expired or terminated contract and participating in good faith efforts to negotiate a contract or engaged in formal dispute resolution, arbitration, or mediation regarding the contract; or

(c)

A pole occupant operating under a contract that is expired if both pole owner and occupant are unaware that the contract expired and both carry on business relations as if the contract terms are mutually-agreeable and still applicable.

(2)

Sanctions imposed pursuant to this rule will be imposed no more than once in a 365 day period.

Source: Rule 860-028-0130 — Sanctions for Having No Contract, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=860-028-0130.

Last Updated

Jun. 8, 2021

Rule 860-028-0130’s source at or​.us