ORS 759.900
Liability of utility

  • effect on other remedies
  • liability for personal injury or property damage

(1)

Any telecommunications utility which does, or causes or permits to be done, any matter, act or thing prohibited by this chapter or ORS chapter 756, 757 or 758 or omits to do any act, matter or thing required to be done by such statutes, is liable to the person injured thereby in the amount of damages sustained in consequence of such violation. Except as provided in subsection (2) of this section, the court may award reasonable attorney fees to the prevailing party in an action under this section.

(2)

The court may not award attorney fees to a prevailing defendant under the provisions of subsection (1) of this section if the action under this section is maintained as a class action pursuant to ORCP 32.

(3)

Any recovery under this section does not affect recovery by the state of the penalty, forfeiture or fine prescribed for such violation.

(4)

This section does not apply with respect to the liability of any telecommunications utility for personal injury or property damage. [1989 c.827 §4; 1995 c.696 §51]

Source: Section 759.900 — Liability of utility; effect on other remedies; liability for personal injury or property damage, https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html.

759.005
Definitions 759.015
Legislative findings on universal telecommunications service 759.016
Legislative findings on broadband services 759.020
Certificate of authority 759.025
Certificates of authority for persons, companies and corporations providing services on January 1, 1986 759.027
Shared telecommunications service provider 759.035
Duty to furnish adequate and safe service at reasonable rates 759.036
Commission authority 759.040
Exemptions for certain unaffiliated utilities with fewer than 50,000 access lines 759.045
Special rules for utilities exempted from regulation under ORS 759.040 759.050
Competitive zone service regulation 759.052
Commission authority to exempt telecommunications services from regulation 759.054
Price listing for product or service offered as part of local exchange telecommunications services 759.056
Price listing for product or service offered as part of interexchange telecommunications services 759.058
Commission action on petition under ORS 759.052, 759.054 or 759.056 759.060
Information submitted by local exchange telecommunications utilities 759.070
Charge to access public body radio tower 759.075
Authority to construct lines and facilities 759.080
Use of property outside limits of municipal corporation 759.120
Form and manner of accounts prescribed by commission 759.125
Records and accounts prescribed by commission 759.130
Closing date of accounts 759.135
Depreciation accounts 759.175
Filing rate schedules and data with commission 759.180
Hearing on reasonableness of rates 759.182
Rate schedules for service promotions 759.185
Suspension of rates pending hearing 759.190
Notice of schedule change 759.195
Price listing of services 759.200
Inclusion of amortizations in rates 759.205
Conformance of rates charged with schedule 759.210
Classification of service and rates 759.215
Public access to schedules 759.218
Revenues and expenses of unregulated activities 759.219
Certain taxes as operating expense 759.220
Joint rates and classifications 759.225
Application of ORS 759.220 to unincorporated associations and cooperative corporations 759.230
Measured service rate for business customers 759.235
Mandatory measured service rate 759.240
Measuring quality of service 759.245
Examination and testing of measuring appliances 759.250
Contracts for special services 759.255
Setting prices without regard to return on utility investment 759.257
Extended area service: Portland to Scappoose 759.259
Extended area service: Portland to Molalla 759.260
Unjust discrimination in rates 759.265
Practices not constituting unjust discrimination 759.267
Service promotion activities 759.270
Reducing rates for persons furnishing part of facilities 759.275
Undue preferences and prejudices 759.280
Soliciting or accepting rebates or special advantage 759.285
Charging rates based on cost of property not presently providing service 759.300
“Stocks” defined 759.305
Power to regulate issuance of telecommunications stocks 759.310
When issuance of securities void 759.315
Purposes for which securities may be issued 759.320
Application of ORS 759.315 759.325
Application of ORS 759.375 759.330
Hearings and supplemental orders for securities issuance 759.335
Obligation of state as consequence of approval of issuance 759.340
Conditional approval of issuance 759.345
Use of proceeds from issuance 759.350
Limitation on authority of utility to guarantee debt of another 759.355
Issuance or use of proceeds contrary to commission order 759.360
Prohibited acts regarding issuance of securities 759.375
Approval prior to sale, mortgage or disposal of operative utility property 759.380
Purchase of stock or property of another utility 759.385
Contracts regarding use of utility property 759.390
Contracts with affiliated interests 759.393
Applicability of ORS 759.385 and 759.390 759.400
Definitions for ORS 759.400 to 759.455 759.405
Election of regulation under ORS 759.405 and 759.410 759.410
Intent of ORS 759.410 759.415
Order in rate proceeding filed prior to January 1, 1999, to establish maximum rate for affected telecommunications services 759.420
Application of ORS 759.400 to 759.455 to wholesale transactions regulated under federal law 759.425
Universal service fund 759.430
Approval of projects funded by carrier’s Telecommunications Infrastructure Account 759.435
Assessment of telecommunications infrastructure and community needs 759.440
Additional funding for evaluating project plans 759.445
Connecting Oregon Communities Fund 759.450
Minimum service quality standards 759.455
Prohibited acts 759.500
Definitions for ORS 759.500 to 759.570 759.506
Purpose of allocated territory laws 759.535
Application to serve unserved territory 759.560
Assignment or transfer of allocated territory 759.565
Injunction against unauthorized provision of service 759.570
Application of law to local government 759.580
Power of commission to require service to unserved territory 759.585
Definitions for ORS 759.585 to 759.595 759.590
Application for service by unserved person 759.595
Criteria for granting application for service 759.650
Definitions for ORS 759.650 to 759.675 759.655
Authority of commission to regulate attachments 759.660
Fixing charges or rates 759.665
Considerations in determining just and reasonable rate 759.670
Presumption of reasonableness of rates set by agreement 759.675
Regulatory procedure 759.680
Operator service provider duties to service users 759.685
Surcharge assessed on retail telecommunications subscribers 759.687
Residential Service Protection Fund 759.688
Oregon Telephone Assistance Program Advisory Committee 759.689
Use of surcharge for marketing and outreach to increase participation rate in plan of assistance 759.693
Definitions 759.694
Legislative recognition of need 759.695
Program for assistive telecommunication devices and communication facilitator services 759.696
Telecommunication Devices Access Program Advisory Committee 759.697
Program coordinator 759.698
Eligibility 759.700
Definitions for ORS 759.700 to 759.720 759.705
Program message preamble 759.710
Pay-per-call information 759.715
Information service blocking 759.720
Action against information provider for failure to comply with law 759.730
Unauthorized changes in telecommunications carriers (“slamming”) 759.900
Liability of utility 759.990
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 759.900’s source at oregon​.gov