for a second and any subsequent violation of Section 13-514 committed by a telecommunications carrier after the effective date of this amendatory Act of the 92nd General Assembly, the Commission may impose penalties of up to $30,000 or 0.00825% of the telecommunications carrier's gross intrastate annual telecommunications revenue, whichever is greater, per violation unless the telecommunications carrier has fewer than 35,000 subscriber access lines, in which case the civil penalty may not exceed $2,000 per violation. The second and any subsequent violation of Section 13-514 need not be of the same nature or provision of the Section for a penalty to be imposed. Matters resolved through voluntary mediation pursuant to Section 10-101.1 shall not be considered as a violation of Section 13-514 in computing eligibility for imposition of a penalty under this subdivision (a)(2). Each day of a continuing offense shall be treated as a separate violation for purposes of levying any penalty under this Section. The period for which the penalty shall be levied shall commence on the day the telecommunications carrier first violated Section 13-514 or on the day of the notice provided to the telecommunications carrier pursuant to subsection (c) of Section 13-515, whichever is later, and shall continue until the telecommunications carrier is in compliance with the Commission order. In assessing a penalty under this subdivision (a)(2), the Commission may consider mitigating factors, including those specified in items (1) through (4) of subsection (a) of Section 13-304.
(b) The Commission may waive penalties imposed under subdivision (a)(2)
if it makes a written finding as to its reasons for waiving the
penalty. Reasons for waiving a penalty shall
include, but not be
to, technological infeasibility and acts of God.
(c) The Commission shall establish by rule procedures for the imposition of
remedies under subsection (a) that, at a minimum, provide for
notice, hearing and a written order relating to the imposition of remedies.
(d) Unless enforcement of an order entered by the Commission under Section
13-515 otherwise directs or is stayed by the Commission or by an appellate
court reviewing the Commission's order, at any time after 30
days from the entry of the order, either the Commission, or the
telecommunications carrier found by the Commission to have been subjected to
a violation of Section 13-514, or both, is authorized to petition a court of
competent jurisdiction for an order at law or in equity requiring enforcement
of the Commission order. The court shall determine (1) whether the Commission
entered the order identified in the petition and (2) whether the violating
telecommunications carrier has complied with the Commission's order. A
certified copy of a Commission order shall be prima facie evidence that the
Commission entered the order so certified. Pending the court's resolution of
the petition, the court may award temporary or preliminary injunctive relief,
or such other equitable relief as may be necessary, to effectively implement
enforce the Commission's order in a timely manner.
If after a hearing the court finds that the Commission entered the order
identified in the petition and that the violating telecommunications carrier
has not complied with the Commission's order, the court shall enter judgment
requiring the violating telecommunications carrier to comply with the
Commission's order and order such relief at law or in equity as the court deems
necessary to effectively implement and enforce the Commission's order in a
timely manner. The court shall also award to the petitioner, or petitioners,
attorney's fees and costs, which shall be taxed and collected as part of the
costs of the case.
If the court finds that the violating telecommunications
carrier has failed to comply with the timely payment of damages, attorney's
fees, or costs ordered by the Commission, the court shall order the
violating telecommunications carrier to pay to the telecommunications carrier
or carriers awarded the damages, fees, or costs by the Commission
additional damages for the sake of example and by way of punishment for the
failure to timely comply with the order of the Commission, unless the court
finds a reasonable basis for the violating telecommunications carrier's failure
to make timely payment according to the Commission's order, in which instance
the court shall establish a new date for payment to be made.
(e) Payment of damages, attorney's fees, and costs imposed
under subsection (a) shall be made
within 30 days after issuance of the Commission order imposing the penalties,
damages, attorney's fees, or costs, unless otherwise directed by the Commission
or a reviewing court under an appeal taken pursuant to Article X. Payment of
penalties imposed under subsection (a) shall be made
to the Common School Fund within 30 days of issuance of the Commission order
imposing the penalties.
(Source: P.A. 92-22, eff. 6-30-01