As Reported by House Public Utilities Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 177 5
1999-2000 6
REPRESENTATIVES GOODMAN-MEAD-TIBERI-OLMAN-ROMAN-TAYLOR-SCHULER- 8
METZGER-BRITTON-KRUPINSKI-SULLIVAN-DAMSCHRODER-VAN VYVEN- 9
JONES-ALLEN-BOYD-PADGETT-OPFER-CORE-JOLIVETTE-TERWILLEGER- 10
NETZLEY-GARDNER-BUCHY-THOMAS-O'BRIEN-CALLENDER-FLANNERY- 11
GRENDELL-TRAKAS-DePIERO-HARRIS-CATES-BARRETT-BENDER-PRINGLE- 12
PATTON-CORBIN-JERSE-EVANS-WINKLER-AUSTRIA-MYERS-HOOPS-VERICH- 13
HARTNETT-OGG-HARTLEY-BUEHRER-SCHURING-KREBS-SULZER-AMSTUTZ- 14
CAREY-BRADING-HAINES-CLANCY-VESPER-GOODING-FERDERBER-CALVERT- 15
HOLLISTER-REDFERN-YOUNG-GERBERRY-SALERNO-ASLANIDES-SUTTON- 16
HOUSEHOLDER-D. MILLER-STAPLETON-KILBANE-ROBERTS 17
_________________________________________________________________ 19
A B I L L
To amend sections 1345.01, 1345.02, 1345.99, and 21
4905.99 and to enact sections 1345.18 to 1345.20 22
and 4905.72 to 4905.74 of the Revised Code to
prohibit any person from switching a consumer's 23
provider of natural gas or public 24
telecommunications service without first
obtaining the consumer's verified consent, and to 25
provide various remedies and penalties for 26
violations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 28
Section 1. That sections 1345.01, 1345.02, 1345.99, and 30
4905.99 be amended and sections 1345.18, 1345.19, 1345.20, 31
4905.72, 4905.73, and 4905.74 of the Revised Code be enacted to 32
read as follows:
Sec. 1345.01. As used in sections 1345.01 to 1345.13 of 41
the Revised Code: 42
(A) "Consumer transaction" means a sale, lease, 44
2
assignment, award by chance, or other transfer of an item of 45
goods, a service, a franchise, or an intangible, to an individual 46
for purposes that are primarily personal, family, or household, 47
or solicitation to supply any of these things. "Consumer 48
transaction" does not include transactions between persons, 49
defined in sections 4905.03 and 5725.01 of the Revised Code, and 50
their customers; transactions between certified public 51
accountants or public accountants and their clients; transactions 52
between attorneys, physicians, or dentists and their clients or 53
patients; and transactions between veterinarians and their 54
patients that pertain to medical treatment but not ancillary 55
services. 56
(B) "Person" includes an individual, corporation, 58
government, governmental subdivision or agency, business trust, 59
estate, trust, partnership, association, cooperative, or other 60
legal entity. 61
(C) "Supplier" means a seller, lessor, assignor, 63
franchisor, or other person engaged in the business of effecting 64
or soliciting consumer transactions, whether or not he THE PERSON 66
deals directly with the consumer.
(D) "Consumer" means a person who engages in a consumer 68
transaction with a supplier. 69
(E) "Knowledge" means actual awareness, but such actual 71
awareness may be inferred where objective manifestations indicate 72
that the individual involved acted with such awareness. 73
(F) "NATURAL GAS SERVICE" MEANS THE SALE OF NATURAL GAS, 75
EXCLUSIVE OF ANY DISTRIBUTION OR ANCILLARY SERVICE. 76
(G) "PUBLIC TELECOMMUNICATIONS SERVICE" MEANS THE 78
TRANSMISSION BY ELECTROMAGNETIC OR OTHER MEANS, OTHER THAN BY A 80
TELEPHONE COMPANY AS DEFINED IN SECTION 4927.01 OF THE REVISED
CODE, OF SIGNS, SIGNALS, WRITINGS, IMAGES, SOUNDS, MESSAGES, OR 82
DATA ORIGINATING IN THIS STATE REGARDLESS OF ACTUAL CALL ROUTING. 84
"PUBLIC TELECOMMUNICATIONS SERVICE" EXCLUDES A SYSTEM, INCLUDING 85
ITS CONSTRUCTION, MAINTENANCE, OR OPERATION, FOR THE PROVISION OF 86
3
TELECOMMUNICATIONS SERVICE, OR ANY PORTION OF SUCH SERVICE, BY 87
ANY ENTITY FOR THE SOLE AND EXCLUSIVE USE OF THAT ENTITY, ITS 88
PARENT, A SUBSIDIARY, OR AN AFFILIATED ENTITY, AND NOT FOR 89
RESALE, DIRECTLY OR INDIRECTLY; THE PROVISION OF TERMINAL
EQUIPMENT USED TO ORIGINATE TELECOMMUNICATIONS SERVICE; BROADCAST 91
TRANSMISSION BY RADIO, TELEVISION, OR SATELLITE BROADCAST 92
STATIONS REGULATED BY THE FEDERAL GOVERNMENT; OR CABLE TELEVISION 93
SERVICE.
Sec. 1345.02. (A) No supplier shall commit an unfair or 102
deceptive act or practice in connection with a consumer 103
transaction. Such an unfair or deceptive act or practice by a 104
supplier violates this section whether it occurs before, during, 105
or after the transaction. 106
(B) Without limiting the scope of division (A) of this 108
section, the act or practice of a supplier in representing any of 109
the following is deceptive: 110
(1) That the subject of a consumer transaction has 112
sponsorship, approval, performance characteristics, accessories, 113
uses, or benefits that it does not have; 114
(2) That the subject of a consumer transaction is of a 116
particular standard, quality, grade, style, prescription, or 117
model, if it is not; 118
(3) That the subject of a consumer transaction is new, or 120
unused, if it is not; 121
(4) That the subject of a consumer transaction is 123
available to the consumer for a reason that does not exist; 124
(5) That the subject of a consumer transaction has been 126
supplied in accordance with a previous representation, if it has 127
not, except that the act of a supplier in furnishing similar 128
merchandise of equal or greater value as a good faith substitute 129
does not violate this section; 130
(6) That the subject of a consumer transaction will be 132
supplied in greater quantity than the supplier intends; 133
(7) That replacement or repair is needed, if it is not; 135
4
(8) That a specific price advantage exists, if it does 137
not; 138
(9) That the supplier has a sponsorship, approval, or 140
affiliation that he THE SUPPLIER does not have; 141
(10) That a consumer transaction involves or does not 143
involve a warranty, a disclaimer of warranties or other rights, 144
remedies, or obligations if the representation is false. 145
(C) In construing division (A) of this section, the court 147
shall give due consideration and great weight to federal trade 148
commission orders, trade regulation rules and guides, and the 149
federal courts' interpretations of subsection 45 (a)(1) of the 150
"Federal Trade Commission Act," 38 Stat. 717 (1914), 15 U.S.C.A. 151
41, as amended. 152
(D) No supplier shall offer to a consumer or represent 154
that a consumer will receive a rebate, discount, or other benefit 155
as an inducement for entering into a consumer transaction in 156
return for giving the supplier the names of prospective 157
consumers, or otherwise helping the supplier to enter into other 158
consumer transactions, if earning the benefit is contingent upon 159
an event occurring after the consumer enters into the 160
transaction. 161
(E)(1) NO SUPPLIER, IN CONNECTION WITH A CONSUMER 163
TRANSACTION INVOLVING NATURAL GAS SERVICE OR PUBLIC 165
TELECOMMUNICATIONS SERVICE TO A CONSUMER IN THIS STATE, SHALL 168
REQUEST OR SUBMIT, OR CAUSE TO BE REQUESTED OR SUBMITTED, A
CHANGE IN THE CONSUMER'S PROVIDER OF NATURAL GAS SERVICE OR 170
PUBLIC TELECOMMUNICATIONS SERVICE, WITHOUT FIRST OBTAINING, OR 171
CAUSING TO BE OBTAINED, THE VERIFIED CONSENT OF THE CONSUMER. 172
FOR THE PURPOSE OF THIS DIVISION AND WITH RESPECT TO PUBLIC 174
TELECOMMUNICATIONS SERVICE ONLY, THE PROCEDURES NECESSARY FOR 175
VERIFYING THE CONSENT OF A CONSUMER SHALL BE THOSE PRESCRIBED BY 176
RULE BY THE PUBLIC UTILITIES COMMISSION FOR PUBLIC
TELECOMMUNICATIONS SERVICE UNDER DIVISION (D) OF SECTION 4905.72 177
OF THE REVISED CODE. ALSO, FOR THE PURPOSE OF THIS DIVISION, THE 180
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ACT, OMISSION, OR FAILURE OF ANY OFFICER, AGENT, OR OTHER 181
INDIVIDUAL, ACTING FOR OR EMPLOYED BY ANOTHER PERSON, WHILE 182
ACTING WITHIN THE SCOPE OF THAT AUTHORITY OR EMPLOYMENT, IS THE 183
ACT OR FAILURE OF THAT OTHER PERSON. 184
(2) THE ATTORNEY GENERAL MAY INITIATE CRIMINAL PROCEEDINGS 186
FOR A PROSECUTION UNDER DIVISION (B) OF SECTION 1345.99 OF THE 188
REVISED CODE BY PRESENTING EVIDENCE OF CRIMINAL VIOLATIONS TO THE 189
PROSECUTING ATTORNEY OF ANY COUNTY IN WHICH THE OFFENSE MAY BE 190
PROSECUTED. IF THE PROSECUTING ATTORNEY DOES NOT PROSECUTE THE 191
VIOLATIONS, OR AT THE REQUEST OF THE PROSECUTING ATTORNEY, THE 192
ATTORNEY GENERAL MAY PROCEED IN THE PROSECUTION WITH ALL THE 193
RIGHTS, PRIVILEGES, AND POWERS CONFERRED BY LAW ON PROSECUTING 194
ATTORNEYS, INCLUDING THE POWER TO APPEAR BEFORE GRAND JURIES AND 195
TO INTERROGATE WITNESSES BEFORE GRAND JURIES. 196
Sec. 1345.18. (A) AS USED IN THIS SECTION: 198
(1) "CONSUMER," "PERSON," AND "SUPPLIER" HAVE THE SAME 200
MEANINGS AS IN SECTION 1345.01 OF THE REVISED CODE. 201
(2) "CONSUMER TRANSACTION" HAS THE SAME MEANING AS IN 203
SECTION 1345.01 OF THE REVISED CODE EXCEPT THAT THE SALE, LEASE, 204
ASSIGNMENT, AWARD BY CHANCE, OR OTHER TRANSFER OF AN ITEM OF 205
GOODS, A SERVICE, A FRANCHISE, OR AN INTANGIBLE, OR SOLICITATION 206
TO SUPPLY ANY OF THOSE THINGS, TO AN INDIVIDUAL IS FOR PURPOSES 207
THAT ARE PRIMARILY OTHER THAN PERSONAL, FAMILY, OR HOUSEHOLD. 208
(3) "NATURAL GAS SERVICE" MEANS THE SALE OF NATURAL GAS, 210
EXCLUSIVE OF ANY DISTRIBUTION OR ANCILLARY SERVICE. 211
(4) "PUBLIC TELECOMMUNICATIONS SERVICE" MEANS THE 213
TRANSMISSION BY ELECTROMAGNETIC OR OTHER MEANS, OTHER THAN BY A 215
TELEPHONE COMPANY AS DEFINED IN SECTION 4927.01 OF THE REVISED
CODE, OF SIGNS, SIGNALS, WRITINGS, IMAGES, SOUNDS, MESSAGES, OR 217
DATA ORIGINATING IN THIS STATE REGARDLESS OF ACTUAL CALL ROUTING. 219
"PUBLIC TELECOMMUNICATIONS SERVICE" EXCLUDES A SYSTEM, INCLUDING 220
ITS CONSTRUCTION, MAINTENANCE, OR OPERATION, FOR THE PROVISION OF 221
TELECOMMUNICATIONS SERVICE, OR ANY PORTION OF SUCH SERVICE, BY 222
ANY ENTITY FOR THE SOLE AND EXCLUSIVE USE OF THAT ENTITY, ITS 223
6
PARENT, A SUBSIDIARY, OR AN AFFILIATED ENTITY, AND NOT FOR 224
RESALE, DIRECTLY OR INDIRECTLY; THE PROVISION OF TERMINAL
EQUIPMENT USED TO ORIGINATE TELECOMMUNICATIONS SERVICE; BROADCAST 226
TRANSMISSION BY RADIO, TELEVISION, OR SATELLITE BROADCAST 227
STATIONS REGULATED BY THE FEDERAL GOVERNMENT; OR CABLE TELEVISION 228
SERVICE.
(B) NO SUPPLIER, IN CONNECTION WITH A CONSUMER TRANSACTION 230
INVOLVING NATURAL GAS SERVICE OR PUBLIC TELECOMMUNICATIONS 232
SERVICE TO A CONSUMER IN THIS STATE, SHALL REQUEST OR SUBMIT, OR 233
CAUSE TO BE REQUESTED OR SUBMITTED, A CHANGE IN THE CONSUMER'S 234
PROVIDER OF NATURAL GAS SERVICE OR PUBLIC TELECOMMUNICATIONS 235
SERVICE, WITHOUT FIRST OBTAINING, OR CAUSING TO BE OBTAINED, THE 236
VERIFIED CONSENT OF THE CONSUMER. FOR THE PURPOSE OF THIS 237
DIVISION AND WITH RESPECT TO PUBLIC TELECOMMUNICATIONS SERVICE 240
ONLY, THE PROCEDURES NECESSARY FOR VERIFYING THE CONSENT OF A 241
CONSUMER SHALL BE THOSE PRESCRIBED BY RULE BY THE PUBLIC 242
UTILITIES COMMISSION FOR PUBLIC TELECOMMUNICATIONS SERVICE UNDER 243
DIVISION (D) OF SECTION 4905.72 OF THE REVISED CODE. ALSO, FOR 244
THE PURPOSE OF THIS DIVISION, THE ACT, OMISSION, OR FAILURE OF 245
ANY OFFICER, AGENT, OR OTHER INDIVIDUAL, ACTING FOR OR EMPLOYED 246
BY ANOTHER PERSON, WHILE ACTING WITHIN THE SCOPE OF THAT 247
AUTHORITY OR EMPLOYMENT, IS THE ACT OR FAILURE OF THAT OTHER 248
PERSON.
Sec. 1345.19. (A) THE COURTS OF COMMON PLEAS, AND 250
MUNICIPAL OR COUNTY COURTS WITHIN THEIR RESPECTIVE JURISDICTIONS, 251
HAVE JURISDICTION OVER ANY SUPPLIER WITH RESPECT TO A VIOLATION 252
OF SECTION 1345.18 OF THE REVISED CODE OR ANY CLAIM ARISING FROM 253
A CONSUMER TRANSACTION SUBJECT TO THAT SECTION. 255
(B) THE POWER, REMEDIES, FORFEITURES, AND PENALTIES 257
PROVIDED BY SECTIONS 1345.18 TO 1345.20 AND DIVISION (B) OF 258
SECTION 1345.99 OF THE REVISED CODE ARE IN ADDITION TO ANY OTHER 259
POWER, REMEDY, FORFEITURE, OR PENALTY PROVIDED BY LAW. 260
Sec. 1345.20. (A) AN AGGRIEVED CONSUMER MAY BRING AN 262
ACTION FOR A DECLARATORY JUDGMENT, AN INJUNCTION, OR OTHER 263
7
APPROPRIATE RELIEF AGAINST A SUPPLIER THAT IS VIOLATING OR HAS 264
VIOLATED SECTION 1345.18 OF THE REVISED CODE. THE COURT MAY 265
ISSUE ANY ORDER OR ENTER A JUDGMENT AS NECESSARY TO ENSURE 267
COMPLIANCE WITH SECTION 1345.18 OF THE REVISED CODE OR PREVENT 268
ANY ACT OR PRACTICE THAT VIOLATES THAT SECTION. IN ADDITION, 270
UPON A PREPONDERANCE OF THE EVIDENCE, THE COURT: 271
(1) SHALL ISSUE AN ORDER PROVIDING FOR ALL OF THE 273
FOLLOWING:
(a) RESCINDING THE AGGRIEVED CONSUMER'S CHANGE IN SERVICE 275
PROVIDER; 276
(b) REQUIRING THE SUPPLIER TO ABSOLVE THE AGGRIEVED 278
CONSUMER OF ANY LIABILITY FOR ANY CHARGES ASSESSED THE CONSUMER, 280
OR REFUND TO THE AGGRIEVED CONSUMER ANY CHARGES COLLECTED FROM 281
THE CONSUMER, BY THE SUPPLIER DURING SUCH PERIOD, AFTER THE 282
VIOLATION OCCURRED, THAT IS DETERMINED REASONABLE BY THE COURT; 283
(c) REQUIRING THE SUPPLIER TO REFUND OR PAY TO THE 285
AGGRIEVED CONSUMER ANY FEES PAID OR COSTS INCURRED BY THE 286
CONSUMER RESULTING FROM THE CHANGE OF THE CONSUMER'S SERVICE 287
PROVIDER OR PROVIDERS, OR FROM THE RESUMPTION OF THE CONSUMER'S 288
SERVICE WITH THE SERVICE PROVIDER OR PROVIDERS FROM WHICH THE 289
CONSUMER WAS SWITCHED;
(d) REQUIRING THE SUPPLIER TO MAKE THE CONSUMER WHOLE 291
REGARDING ANY BONUSES OR BENEFITS, SUCH AS AIRLINE MILEAGE OR 293
PRODUCT DISCOUNTS, TO WHICH THE CONSUMER IS ENTITLED, BY 294
RESTORING BONUSES OR BENEFITS THE CONSUMER LOST AS A RESULT OF 295
THE VIOLATION AND PROVIDING BONUSES OR BENEFITS THE CONSUMER 296
WOULD HAVE EARNED IF NOT FOR THE VIOLATION, OR BY PROVIDING 297
SOMETHING OF EQUAL VALUE. 298
(2) MAY ISSUE AN ORDER PROVIDING FOR ANY OF THE FOLLOWING: 300
(a) REQUIRING THE SUPPLIER TO COMPLY OR UNDERTAKE ANY 302
NECESSARY CORRECTIVE ACTION; 303
(b) ASSESSING UPON THE SUPPLIER FORFEITURES OF NOT MORE 305
THAN ONE THOUSAND DOLLARS FOR EACH DAY OF EACH VIOLATION. 306
HOWEVER, IF THE PREPONDERANCE OF THE EVIDENCE SHOWS THAT THE 307
8
SUPPLIER HAS ENGAGED OR IS ENGAGING IN A PATTERN OR PRACTICE OF 308
COMMITTING ANY SUCH VIOLATIONS, THE COURT MAY ASSESS UPON THE 309
SUPPLIER FORFEITURES OF NOT MORE THAN FIVE THOUSAND DOLLARS FOR 310
EACH DAY OF EACH VIOLATION. UPON COLLECTION, ONE-HALF OF ANY 311
SUCH FORFEITURE ASSESSED UNDER THIS DIVISION SHALL BE PAID TO THE 312
TREASURER OF THE COUNTY IN WHICH THE ACTION WAS BROUGHT AND 313
ONE-HALF SHALL BE PAID INTO THE STATE TREASURY TO THE CREDIT OF 314
THE GENERAL REVENUE FUND.
(B) UPON A FINDING IN AN ACTION UNDER DIVISION (A) OF THIS 317
SECTION THAT A SUPPLIER IS VIOLATING OR HAS VIOLATED SECTION 318
1345.18 OF THE REVISED CODE, A SERVICE PROVIDER OR PROVIDERS OF 319
NATURAL GAS SERVICE OR PUBLIC TELECOMMUNICATIONS SERVICE FROM 320
WHOM THE AGGRIEVED CONSUMER WAS SWITCHED MAY BRING AN ACTION 322
SEEKING THE RELIEF AUTHORIZED BY THIS DIVISION. UPON THE FILING 323
OF SUCH ACTION, THE COURT MAY ISSUE AN ORDER PROVIDING FOR EITHER 324
OF THE FOLLOWING: 325
(1) REQUIRING THE SUPPLIER TO COMPENSATE THE SERVICE 327
PROVIDER OR PROVIDERS FROM WHICH THE AGGRIEVED CONSUMER WAS 328
SWITCHED IN THE AMOUNT OF ALL CHARGES THE CONSUMER WOULD HAVE 329
PAID THAT PARTICULAR SERVICE PROVIDER FOR THE SAME OR COMPARABLE 330
SERVICE HAD THE VIOLATION OR FAILURE TO COMPLY NOT OCCURRED; 331
(2) REQUIRING THE SUPPLIER TO COMPENSATE THE SERVICE 333
PROVIDER OR PROVIDERS FROM WHICH THE AGGRIEVED CONSUMER WAS 334
SWITCHED FOR ANY COSTS THAT THE PARTICULAR SERVICE PROVIDER 335
INCURS AS A RESULT OF MAKING THE CONSUMER WHOLE AS PROVIDED IN 336
DIVISION (A)(1)(d) OF THIS SECTION OR OF EFFECTING THE RESUMPTION 338
OF THE CONSUMER'S SERVICE.
(C) NO ACTION MAY BE BROUGHT UNDER DIVISION (A) OF THIS 340
SECTION TO RECOVER FOR A TRANSACTION MORE THAN TWO YEARS AFTER 342
THE OCCURRENCE OF A VIOLATION. NO ACTION MAY BE BROUGHT UNDER 343
DIVISION (B) OF THIS SECTION MORE THAN ONE YEAR AFTER THE DATE ON 344
WHICH A RULING IN AN ACTION BROUGHT UNDER DIVISION (A) OF THIS 345
SECTION WAS RENDERED.
Sec. 1345.99. (A) Whoever violates section 1345.23 or 354
9
1345.24 of the Revised Code is guilty of a minor misdemeanor. 356
(B) Whoever violates division (D) of section 1345.76 of 359
the Revised Code shall be fined not more than one thousand
dollars.
(C) WHOEVER KNOWINGLY VIOLATES DIVISION (E) OF SECTION 361
1345.02 OR KNOWINGLY VIOLATES SECTION 1345.18 OF THE REVISED CODE 363
IS GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE FOR A FIRST 365
OFFENSE AND A MISDEMEANOR OF THE SECOND DEGREE FOR ANY SUBSEQUENT
OFFENSE. 366
Sec. 4905.72. (A) AS USED IN THIS SECTION: 368
(1) "NATURAL GAS SERVICE" MEANS THE SALE OF NATURAL GAS, 370
EXCLUSIVE OF ANY DISTRIBUTION OR ANCILLARY SERVICE. 371
(2) "PUBLIC TELECOMMUNICATIONS SERVICE" MEANS THE 374
TRANSMISSION BY A TELEPHONE COMPANY, BY ELECTROMAGNETIC OR OTHER 375
MEANS, OF SIGNS, SIGNALS, WRITINGS, IMAGES, SOUNDS, MESSAGES, OR 377
DATA ORIGINATING IN THIS STATE REGARDLESS OF ACTUAL CALL ROUTING, 378
BUT DOES NOT INCLUDE A SYSTEM, INCLUDING ITS CONSTRUCTION, 379
MAINTENANCE, OR OPERATION, FOR THE PROVISION OF 380
TELECOMMUNICATIONS SERVICE, OR ANY PORTION OF SUCH SERVICE, BY 381
ANY ENTITY FOR THE SOLE AND EXCLUSIVE USE OF THAT ENTITY, ITS 382
PARENT, A SUBSIDIARY, OR AN AFFILIATED ENTITY, AND NOT FOR 383
RESALE, DIRECTLY OR INDIRECTLY; THE PROVISION OF TERMINAL
EQUIPMENT USED TO ORIGINATE TELECOMMUNICATIONS SERVICE; BROADCAST 384
TRANSMISSION BY RADIO, TELEVISION, OR SATELLITE BROADCAST 385
STATIONS REGULATED BY THE FEDERAL GOVERNMENT; OR CABLE TELEVISION 386
SERVICE.
(B)(1) NO PUBLIC UTILITY SHALL REQUEST OR SUBMIT, OR CAUSE 388
TO BE REQUESTED OR SUBMITTED, A CHANGE IN THE PROVIDER OF NATURAL 389
GAS SERVICE OR PUBLIC TELECOMMUNICATIONS SERVICE TO A CONSUMER IN 391
THIS STATE, WITHOUT FIRST OBTAINING, OR CAUSING TO BE OBTAINED, 392
THE VERIFIED CONSENT OF THE CONSUMER IN ACCORDANCE WITH RULES 393
ADOPTED BY THE PUBLIC UTILITIES COMMISSION PURSUANT TO DIVISION 394
(D) OF THIS SECTION.
(2) NO PUBLIC UTILITY SHALL VIOLATE OR FAIL TO COMPLY WITH 396
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ANY PROVISION OF A RULE ADOPTED BY THE COMMISSION PURSUANT TO 397
DIVISION (D) OF THIS SECTION OR ANY PROVISION OF AN ORDER ISSUED 399
BY THE COMMISSION PURSUANT TO DIVISION (B) OR (C) OF SECTION 400
4905.73 OF THE REVISED CODE. 401
(C)(1) DIVISION (B) OF THIS SECTION DOES NOT APPLY TO THE 404
TRANSFER OF A CUSTOMER'S NATURAL GAS SERVICE OR PUBLIC 406
TELECOMMUNICATIONS SERVICE THAT OCCURS SOLELY DUE TO THE 407
OPERATION OF DEFAULT PROVISIONS IN THE SCHEDULE OF A PUBLIC 408
UTILITY FILED UNDER SECTION 4905.30 OF THE REVISED CODE.
(2) CONSISTENT WITH THE EXCLUSION, UNDER 47 C.F.R. 64.1100 411
(a)(3), OF COMMERCIAL MOBILE RADIO SERVICE PROVIDERS FROM THE 413
VERIFICATION REQUIREMENTS ADOPTED IN 47 C.F.R. 64.1100, 64.1150, 415
64.1160, 64.1170, 64.1180, AND 64.1190 BY THE FEDERAL
COMMUNICATIONS COMMISSION, DIVISION (B) OF THIS SECTION DOES NOT 417
APPLY TO THE TRANSFER OF A CUSTOMER'S COMMERCIAL MOBILE RADIO
SERVICE. HOWEVER, AT SUCH TIME AS THAT EXCLUSION NO LONGER IS IN 419
EFFECT, DIVISION (B) OF THIS SECTION SHALL APPLY TO SUCH A 420
TRANSFER, AND THE COMMISSION SHALL ADOPT RULES APPLICABLE TO SUCH 422
A TRANSFER IN ACCORDANCE WITH DIVISION (D) OF THIS SECTION.
(D) THE COMMISSION SHALL ADOPT COMPETITIVELY NEUTRAL RULES 424
PRESCRIBING PROCEDURES NECESSARY FOR VERIFYING THE CONSENT OF A 425
CONSUMER FOR PURPOSES OF DIVISION (B)(1) OF THIS SECTION AND ANY 426
PROCEDURES NECESSARY FOR THE FILING OF A SECURITY UNDER DIVISION 427
(C)(5) OF SECTION 4905.73 OF THE REVISED CODE, AND MAY ADOPT SUCH 429
OTHER COMPETITIVELY NEUTRAL RULES AS THE COMMISSION CONSIDERS 430
NECESSARY TO CARRY OUT THIS SECTION AND SECTION 4905.73 OF THE 431
REVISED CODE. WITH RESPECT TO PUBLIC TELECOMMUNICATIONS SERVICE 432
ONLY, THE RULES PRESCRIBING PROCEDURES NECESSARY FOR VERIFYING
CONSUMER CONSENT SHALL BE CONSISTENT WITH THE RULES OF THE 434
FEDERAL COMMUNICATIONS COMMISSION IN 47 C.F.R. 64.1100 AND 435
64.1150. 436
Sec 4905.73. (A) THE PUBLIC UTILITIES COMMISSION, UPON 438
COMPLAINT BY ANY PERSON OR COMPLAINT OR INITIATIVE OF THE 439
COMMISSION, HAS JURISDICTION UNDER SECTION 4905.26 OF THE REVISED 440
11
CODE REGARDING ANY VIOLATION OF DIVISION (B) OF SECTION 4905.72 441
OF THE REVISED CODE BY A PUBLIC UTILITY. 442
(B) UPON COMPLAINT OR INITIATIVE UNDER DIVISION (A) OF 444
THIS SECTION, IF THE COMMISSION FINDS, AFTER NOTICE AND HEARING 446
PURSUANT TO SECTION 4905.26 OF THE REVISED CODE, THAT A PUBLIC 447
UTILITY HAS VIOLATED SECTION 4905.72 OF THE REVISED CODE, THE 450
COMMISSION, BY ORDER, SHALL DO ALL OF THE FOLLOWING:
(1) RESCIND THE AGGRIEVED CONSUMER'S CHANGE IN SERVICE 453
PROVIDER;
(2) REQUIRE THE PUBLIC UTILITY TO ABSOLVE THE AGGRIEVED 456
CONSUMER OF ANY LIABILITY FOR ANY CHARGES ASSESSED THE CONSUMER, 457
OR REFUND TO THE AGGRIEVED CONSUMER ANY CHARGES COLLECTED FROM 458
THE CONSUMER, BY THE PUBLIC UTILITY DURING THE THIRTY-DAY PERIOD 459
AFTER THE VIOLATION OR FAILURE TO COMPLY OCCURRED OR, WHERE 460
APPROPRIATE, DURING SUCH OTHER PERIOD AFTER THAT OCCURRENCE AS 461
DETERMINED REASONABLE BY THE COMMISSION; 462
(3) REQUIRE THE PUBLIC UTILITY TO REFUND OR PAY TO THE 465
AGGRIEVED CONSUMER ANY FEES PAID OR COSTS INCURRED BY THE
CONSUMER RESULTING FROM THE CHANGE OF THE CONSUMER'S SERVICE 467
PROVIDER OR PROVIDERS, OR FROM THE RESUMPTION OF THE CONSUMER'S 468
SERVICE WITH THE SERVICE PROVIDER OR PROVIDERS FROM WHICH THE 469
CONSUMER WAS SWITCHED;
(4) REQUIRE THE PUBLIC UTILITY TO MAKE THE CONSUMER WHOLE 473
REGARDING ANY BONUSES OR BENEFITS, SUCH AS AIRLINE MILEAGE OR 474
PRODUCT DISCOUNTS, TO WHICH THE CONSUMER IS ENTITLED, BY 475
RESTORING BONUSES OR BENEFITS THE CONSUMER LOST AS A RESULT OF 476
THE VIOLATION OR FAILURE TO COMPLY AND PROVIDING BONUSES OR 477
BENEFITS THE CONSUMER WOULD HAVE EARNED IF NOT FOR THE VIOLATION 478
OR FAILURE TO COMPLY, OR BY PROVIDING SOMETHING OF EQUAL VALUE. 479
(C) IN ADDITION TO THE REMEDIES UNDER DIVISION (B) OF THIS 483
SECTION, IF THE COMMISSION FINDS, AFTER NOTICE AND HEARING
PURSUANT TO SECTION 4905.26 OF THE REVISED CODE, THAT A PUBLIC 486
UTILITY HAS VIOLATED SECTION 4905.72 OF THE REVISED CODE, THE 491
COMMISSION, BY ORDER, MAY IMPOSE ANY OF THE FOLLOWING REMEDIES OR 493
12
FORFEITURES:
(1) REQUIRE THE PUBLIC UTILITY TO COMPLY OR UNDERTAKE ANY 496
NECESSARY CORRECTIVE ACTION;
(2) REQUIRE THE PUBLIC UTILITY TO COMPENSATE THE SERVICE 499
PROVIDER OR PROVIDERS FROM WHICH THE AGGRIEVED CONSUMER WAS 500
SWITCHED IN THE AMOUNT OF ALL CHARGES THE CONSUMER WOULD HAVE 501
PAID THAT PARTICULAR SERVICE PROVIDER FOR THE SAME OR COMPARABLE 502
SERVICE HAD THE VIOLATION OR FAILURE TO COMPLY NOT OCCURRED; 503
(3) REQUIRE THE PUBLIC UTILITY TO COMPENSATE THE SERVICE 506
PROVIDER OR PROVIDERS FROM WHICH THE AGGRIEVED CONSUMER WAS 507
SWITCHED FOR ANY COSTS THAT THE PARTICULAR SERVICE PROVIDER 508
INCURS AS A RESULT OF MAKING THE CONSUMER WHOLE AS PROVIDED IN 509
DIVISION (B)(4) OF THIS SECTION OR OF EFFECTING THE RESUMPTION OF 511
THE CONSUMER'S SERVICE;
(4) ASSESS UPON THE PUBLIC UTILITY FORFEITURES OF NOT MORE 513
THAN ONE THOUSAND DOLLARS FOR EACH DAY OF EACH VIOLATION OR 514
FAILURE TO COMPLY. HOWEVER, IF THE COMMISSION FINDS THAT THE 515
PUBLIC UTILITY HAS ENGAGED OR IS ENGAGING IN A PATTERN OR 516
PRACTICE OF COMMITTING ANY SUCH VIOLATIONS OR FAILURES TO COMPLY, 517
THE COMMISSION MAY ASSESS UPON THE PUBLIC UTILITY FORFEITURES OF 518
NOT MORE THAN FIVE THOUSAND DOLLARS FOR EACH DAY OF EACH 519
VIOLATION OR FAILURE. ANY FORFEITURE COLLECTED PURSUANT TO THIS 520
DIVISION SHALL BE DEPOSITED INTO THE STATE TREASURY TO THE CREDIT 521
OF THE GENERAL REVENUE FUND. 522
(5) REQUIRE THE PUBLIC UTILITY TO FILE WITH THE COMMISSION 525
A SECURITY PAYABLE TO THE STATE IN SUCH AMOUNT AND UPON SUCH 526
TERMS AS THE COMMISSION DETERMINES NECESSARY TO ENSURE COMPLIANCE 527
AND PAYMENT OF ANY FORFEITURES ASSESSED PURSUANT TO DIVISION 528
(C)(4) OF THIS SECTION; 529
(6) RESCIND THE PUBLIC UTILITY'S AUTHORITY TO PROVIDE 532
NATURAL GAS SERVICE OR PUBLIC TELECOMMUNICATIONS SERVICE WITHIN 533
THIS STATE.
(D) PROCEEDINGS OF THE COMMISSION PURSUANT TO DIVISION (B) 537
OR (C) OF THIS SECTION ARE GOVERNED BY CHAPTER 4903. OF THE 540
13
REVISED CODE. 541
(E) THE COMMISSION MAY DIRECT THE ATTORNEY GENERAL TO 544
COMMENCE AN ACTION UNDER SECTION 4905.57 OR 4905.60 OF THE 546
REVISED CODE TO ENFORCE AN ORDER OF THE COMMISSION ISSUED UNDER 547
DIVISION (B) OR (C) OF THIS SECTION, INCLUDING ORDERS ASSESSING 550
FORFEITURES. NOTWITHSTANDING SECTION 4905.57 OF THE REVISED 551
CODE, AN ACTION AUTHORIZED UNDER THIS DIVISION MAY BE BROUGHT IN 552
THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY OR THE COURT OF 554
COMMON PLEAS OF ANY COUNTY IN WHICH VENUE IS PROPER UNDER THE 555
RULES OF CIVIL PROCEDURE.
(F) THE REMEDY AVAILABLE UNDER SECTION 4905.61 OF THE 559
REVISED CODE MAY BE APPLIED TO ANY VIOLATION OF SECTION 4905.72 561
OF THE REVISED CODE. 562
(G) THE POWERS, REMEDIES, FORFEITURES, AND PENALTIES 565
PROVIDED BY THIS SECTION AND SECTION 4905.72 AND DIVISION (D) OF 566
SECTION 4905.99 OF THE REVISED CODE ARE IN ADDITION TO ANY OTHER 569
POWER, REMEDY, FORFEITURE, OR PENALTY PROVIDED BY LAW. 570
Sec. 4905.74. NO PUBLIC UTILITY SHALL KNOWINGLY ENGAGE IN 572
A PERSISTENT PRACTICE OR PATTERN OF CONDUCT OF VIOLATING DIVISION 573
(B) OF SECTION 4905.72 OF THE REVISED CODE. 574
Sec. 4905.99. (A) Whoever violates section 4905.52 of the 583
Revised Code shall be fined not less than fifty nor more than 584
five hundred dollars.
(B) Whoever violates section 4905.56 of the Revised Code 587
is guilty of a felony of the fifth degree. 589
(C) Coincident with the operation of section 4905.78 of 592
the Revised Code, whoever violates that section is guilty of a 594
misdemeanor of the fourth degree. 595
(D) WHOEVER VIOLATES SECTION 4905.74 OF THE REVISED CODE 598
IS GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE.
Section 2. That existing sections 1345.01, 1345.02, 600
1345.99, and 4905.99 of the Revised Code are hereby repealed. 601