(1) Whether the conduct at issue was of a serious nature. When conduct of a serious nature is involved, such as willful fraud or misrepresentation, the conduct may warrant a higher penalty. When the conduct is less egregious, such as administrative filing, or technical errors, it may warrant a lower penalty. (2) Whether the resulting consequences of the conduct at issue were of a serious nature. When consequences of a serious nature are involved, such as personal injury or property damage, the consequences may warrant a higher penalty. (3) Whether the conduct at issue was deemed intentional or negligent. This factor may only be considered in evaluating litigated cases. When conduct has been deemed intentional, the conduct may result in a higher penalty. (4) Whether the regulated entity made efforts to modify internal practices and procedures to address the conduct at issue and prevent similar conduct in the future. These modifications may include activities such as training and improving company techniques and supervision. The amount of time it took the utility to correct the conduct once it was discovered and the involvement of top-level management in correcting the conduct may be considered. (5) The number of customers affected and the duration of the violation. (6) The compliance history of the regulated entity which committed the violation. An isolated incident from an otherwise compliant utility may result in a lower penalty, whereas frequent, recurrent violations by a utility may result in a higher penalty. (7) Whether the regulated entity cooperated with the Commission’s investigation. Facts establishing bad faith, active concealment of violations or attempts to interfere with Commission investigations may result in a higher penalty. (8) The amount of the civil penalty or fine necessary to deter future violations. The size of the utility may be considered to determine an appropriate penalty amount. (9) Past Commission decisions in similar situations.
(10) Other relevant factors. C. Violation of the Transportation Provisions of the Public Utility Code BIE contends that Uber violated the Public Utility Code because neither Uber nor its subsidiaries held proper authority from the Commission to offer transportation services to the public from February 11, 2014, when Uber launched, until August 20, 2014, when the Commission issued a certificate of public convenience for temporary emergency authority to Uber’s subsidiary, Raiser-PA. Uber counters that none of its activities fell within the definitions of either a motor carrier or a broker, therefore it did not violate the Public Utility Code. Reviewing the facts in this record, it is clear that Uber’s activities violated the Public Utility Code. Uber exercised substantial control over each trip offered and was therefore providing transportation for compensation. Even if Uber was considered a broker, arranging transportation using the Uber App violated Gegen’s broker license. Section 102 of the Public Utility Code defines a transportation public utility as “Any person or corporation . . . owning or operating in this Commonwealth equipment or facilities for . . . transporting passengers or property as a common carrier.” A “common carrier” is a person or corporation “holding out, offering, or undertaking, directly or indirectly, service for compensation to the public for the transportation of passengers . . . .” A “common carrier by motor vehicle” is a common carrier which undertakes the transportation of passengers within the Commonwealth “by motor vehicle for compensation, whether or not the owner or operator of such motor vehicle, or who or which provides or furnishes the motor vehicle, with or without driver, for transportation for use in the transportation of persons . . . .” The mechanics of the Uber platform are by now well-known. Accordingly, the parties stipulated to the following: On February 11, 2014, Rasier launched the [Uber] App in Pittsburgh, Allegheny County, Pennsylvania. A passenger who has downloaded the [Uber] App, established an account and provided payment information may use the [Uber] App to locate the nearest