As Reported by the Senate Ways and Means 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- 18
SENATORS BLESSING-NEIN-HORN-DRAKE-JOHNSON-McLIN-
DiDONATO-HERINGTON 19
_________________________________________________________________ 21
A B I L L
To amend sections 1345.01, 1345.02, 1345.99, and 23
4905.99 and to enact sections 1345.18 to 1345.20 24
and 4905.72 to 4905.74 of the Revised Code to
prohibit any person from switching a consumer's 25
provider of natural gas or public 26
telecommunications service without first
obtaining the consumer's verified consent, and to 27
provide various remedies and penalties for 28
violations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 30
Section 1. That sections 1345.01, 1345.02, 1345.99, and 32
4905.99 be amended and sections 1345.18, 1345.19, 1345.20, 33
4905.72, 4905.73, and 4905.74 of the Revised Code be enacted to 34
read as follows:
Sec. 1345.01. As used in sections 1345.01 to 1345.13 of 43
2
the Revised Code: 44
(A) "Consumer transaction" means a sale, lease, 46
assignment, award by chance, or other transfer of an item of 47
goods, a service, a franchise, or an intangible, to an individual 48
for purposes that are primarily personal, family, or household, 49
or solicitation to supply any of these things. "Consumer 50
transaction" does not include transactions between persons, 51
defined in sections 4905.03 and 5725.01 of the Revised Code, and 52
their customers; transactions between certified public 53
accountants or public accountants and their clients; transactions 54
between attorneys, physicians, or dentists and their clients or 55
patients; and transactions between veterinarians and their 56
patients that pertain to medical treatment but not ancillary 57
services. 58
(B) "Person" includes an individual, corporation, 60
government, governmental subdivision or agency, business trust, 61
estate, trust, partnership, association, cooperative, or other 62
legal entity. 63
(C) "Supplier" means a seller, lessor, assignor, 65
franchisor, or other person engaged in the business of effecting 66
or soliciting consumer transactions, whether or not he THE PERSON 68
deals directly with the consumer.
(D) "Consumer" means a person who engages in a consumer 70
transaction with a supplier. 71
(E) "Knowledge" means actual awareness, but such actual 73
awareness may be inferred where objective manifestations indicate 74
that the individual involved acted with such awareness. 75
(F) "NATURAL GAS SERVICE" MEANS THE SALE OF NATURAL GAS, 77
EXCLUSIVE OF ANY DISTRIBUTION OR ANCILLARY SERVICE. 78
(G) "PUBLIC TELECOMMUNICATIONS SERVICE" MEANS THE 80
TRANSMISSION BY ELECTROMAGNETIC OR OTHER MEANS, OTHER THAN BY A 82
TELEPHONE COMPANY AS DEFINED IN SECTION 4927.01 OF THE REVISED
CODE, OF SIGNS, SIGNALS, WRITINGS, IMAGES, SOUNDS, MESSAGES, OR 84
DATA ORIGINATING IN THIS STATE REGARDLESS OF ACTUAL CALL ROUTING. 86
3
"PUBLIC TELECOMMUNICATIONS SERVICE" EXCLUDES A SYSTEM, INCLUDING 87
ITS CONSTRUCTION, MAINTENANCE, OR OPERATION, FOR THE PROVISION OF 88
TELECOMMUNICATIONS SERVICE, OR ANY PORTION OF SUCH SERVICE, BY 89
ANY ENTITY FOR THE SOLE AND EXCLUSIVE USE OF THAT ENTITY, ITS 90
PARENT, A SUBSIDIARY, OR AN AFFILIATED ENTITY, AND NOT FOR 91
RESALE, DIRECTLY OR INDIRECTLY; THE PROVISION OF TERMINAL
EQUIPMENT USED TO ORIGINATE TELECOMMUNICATIONS SERVICE; BROADCAST 93
TRANSMISSION BY RADIO, TELEVISION, OR SATELLITE BROADCAST 94
STATIONS REGULATED BY THE FEDERAL GOVERNMENT; OR CABLE TELEVISION 95
SERVICE.
Sec. 1345.02. (A) No supplier shall commit an unfair or 104
deceptive act or practice in connection with a consumer 105
transaction. Such an unfair or deceptive act or practice by a 106
supplier violates this section whether it occurs before, during, 107
or after the transaction. 108
(B) Without limiting the scope of division (A) of this 110
section, the act or practice of a supplier in representing any of 111
the following is deceptive: 112
(1) That the subject of a consumer transaction has 114
sponsorship, approval, performance characteristics, accessories, 115
uses, or benefits that it does not have; 116
(2) That the subject of a consumer transaction is of a 118
particular standard, quality, grade, style, prescription, or 119
model, if it is not; 120
(3) That the subject of a consumer transaction is new, or 122
unused, if it is not; 123
(4) That the subject of a consumer transaction is 125
available to the consumer for a reason that does not exist; 126
(5) That the subject of a consumer transaction has been 128
supplied in accordance with a previous representation, if it has 129
not, except that the act of a supplier in furnishing similar 130
merchandise of equal or greater value as a good faith substitute 131
does not violate this section; 132
(6) That the subject of a consumer transaction will be 134
4
supplied in greater quantity than the supplier intends; 135
(7) That replacement or repair is needed, if it is not; 137
(8) That a specific price advantage exists, if it does 139
not; 140
(9) That the supplier has a sponsorship, approval, or 142
affiliation that he THE SUPPLIER does not have; 143
(10) That a consumer transaction involves or does not 145
involve a warranty, a disclaimer of warranties or other rights, 146
remedies, or obligations if the representation is false. 147
(C) In construing division (A) of this section, the court 149
shall give due consideration and great weight to federal trade 150
commission orders, trade regulation rules and guides, and the 151
federal courts' interpretations of subsection 45 (a)(1) of the 152
"Federal Trade Commission Act," 38 Stat. 717 (1914), 15 U.S.C.A. 153
41, as amended. 154
(D) No supplier shall offer to a consumer or represent 156
that a consumer will receive a rebate, discount, or other benefit 157
as an inducement for entering into a consumer transaction in 158
return for giving the supplier the names of prospective 159
consumers, or otherwise helping the supplier to enter into other 160
consumer transactions, if earning the benefit is contingent upon 161
an event occurring after the consumer enters into the 162
transaction. 163
(E)(1) NO SUPPLIER, IN CONNECTION WITH A CONSUMER 165
TRANSACTION INVOLVING NATURAL GAS SERVICE OR PUBLIC 167
TELECOMMUNICATIONS SERVICE TO A CONSUMER IN THIS STATE, SHALL 170
REQUEST OR SUBMIT, OR CAUSE TO BE REQUESTED OR SUBMITTED, A
CHANGE IN THE CONSUMER'S PROVIDER OF NATURAL GAS SERVICE OR 172
PUBLIC TELECOMMUNICATIONS SERVICE, WITHOUT FIRST OBTAINING, OR 173
CAUSING TO BE OBTAINED, THE VERIFIED CONSENT OF THE CONSUMER. 174
FOR THE PURPOSE OF THIS DIVISION AND WITH RESPECT TO PUBLIC 176
TELECOMMUNICATIONS SERVICE ONLY, THE PROCEDURES NECESSARY FOR 177
VERIFYING THE CONSENT OF A CONSUMER SHALL BE THOSE PRESCRIBED BY 178
RULE BY THE PUBLIC UTILITIES COMMISSION FOR PUBLIC
5
TELECOMMUNICATIONS SERVICE UNDER DIVISION (D) OF SECTION 4905.72 179
OF THE REVISED CODE. ALSO, FOR THE PURPOSE OF THIS DIVISION, THE 182
ACT, OMISSION, OR FAILURE OF ANY OFFICER, AGENT, OR OTHER 183
INDIVIDUAL, ACTING FOR OR EMPLOYED BY ANOTHER PERSON, WHILE 184
ACTING WITHIN THE SCOPE OF THAT AUTHORITY OR EMPLOYMENT, IS THE 185
ACT OR FAILURE OF THAT OTHER PERSON. 186
(2) CONSISTENT WITH THE EXCLUSION, UNDER 47 C.F.R. 189
64.1100(a)(3), OF COMMERCIAL MOBILE RADIO SERVICE PROVIDERS FROM 191
THE VERIFICATION REQUIREMENTS ADOPTED IN 47 C.F.R. 64.1100, 192
64.1150, 64.1160, 64.1170, 64.1180, AND 64.1190 BY THE FEDERAL 193
COMMUNICATIONS COMMISSION, DIVISION (E)(1) OF THIS SECTION DOES 194
NOT APPLY TO A PROVIDER OF COMMERCIAL MOBILE RADIO SERVICE 195
INSOFAR AS SUCH PROVIDER IS ENGAGED IN THE PROVISION OF 197
COMMERCIAL MOBILE RADIO SERVICE. HOWEVER, WHEN THAT EXCLUSION NO 198
LONGER IS IN EFFECT, DIVISION (E)(1) OF THIS SECTION SHALL APPLY 199
TO SUCH A PROVIDER. 200
(3) THE ATTORNEY GENERAL MAY INITIATE CRIMINAL PROCEEDINGS 202
FOR A PROSECUTION UNDER DIVISION (C) OF SECTION 1345.99 OF THE 204
REVISED CODE BY PRESENTING EVIDENCE OF CRIMINAL VIOLATIONS TO THE 205
PROSECUTING ATTORNEY OF ANY COUNTY IN WHICH THE OFFENSE MAY BE 206
PROSECUTED. IF THE PROSECUTING ATTORNEY DOES NOT PROSECUTE THE 207
VIOLATIONS, OR AT THE REQUEST OF THE PROSECUTING ATTORNEY, THE 208
ATTORNEY GENERAL MAY PROCEED IN THE PROSECUTION WITH ALL THE 209
RIGHTS, PRIVILEGES, AND POWERS CONFERRED BY LAW ON PROSECUTING 210
ATTORNEYS, INCLUDING THE POWER TO APPEAR BEFORE GRAND JURIES AND 211
TO INTERROGATE WITNESSES BEFORE GRAND JURIES. 212
Sec. 1345.18. (A) AS USED IN THIS SECTION: 214
(1) "CONSUMER," "PERSON," AND "SUPPLIER" HAVE THE SAME 216
MEANINGS AS IN SECTION 1345.01 OF THE REVISED CODE. 217
(2) "CONSUMER TRANSACTION" HAS THE SAME MEANING AS IN 219
SECTION 1345.01 OF THE REVISED CODE EXCEPT THAT THE SALE, LEASE, 220
ASSIGNMENT, AWARD BY CHANCE, OR OTHER TRANSFER OF AN ITEM OF 221
GOODS, A SERVICE, A FRANCHISE, OR AN INTANGIBLE, OR SOLICITATION 222
TO SUPPLY ANY OF THOSE THINGS, TO AN INDIVIDUAL IS FOR PURPOSES 223
6
THAT ARE PRIMARILY OTHER THAN PERSONAL, FAMILY, OR HOUSEHOLD. 224
(3) "NATURAL GAS SERVICE" MEANS THE SALE OF NATURAL GAS, 226
EXCLUSIVE OF ANY DISTRIBUTION OR ANCILLARY SERVICE. 227
(4) "PUBLIC TELECOMMUNICATIONS SERVICE" MEANS THE 229
TRANSMISSION BY ELECTROMAGNETIC OR OTHER MEANS, OTHER THAN BY A 231
TELEPHONE COMPANY AS DEFINED IN SECTION 4927.01 OF THE REVISED
CODE, OF SIGNS, SIGNALS, WRITINGS, IMAGES, SOUNDS, MESSAGES, OR 233
DATA ORIGINATING IN THIS STATE REGARDLESS OF ACTUAL CALL ROUTING. 235
"PUBLIC TELECOMMUNICATIONS SERVICE" EXCLUDES A SYSTEM, INCLUDING 236
ITS CONSTRUCTION, MAINTENANCE, OR OPERATION, FOR THE PROVISION OF 237
TELECOMMUNICATIONS SERVICE, OR ANY PORTION OF SUCH SERVICE, BY 238
ANY ENTITY FOR THE SOLE AND EXCLUSIVE USE OF THAT ENTITY, ITS 239
PARENT, A SUBSIDIARY, OR AN AFFILIATED ENTITY, AND NOT FOR 240
RESALE, DIRECTLY OR INDIRECTLY; THE PROVISION OF TERMINAL
EQUIPMENT USED TO ORIGINATE TELECOMMUNICATIONS SERVICE; BROADCAST 242
TRANSMISSION BY RADIO, TELEVISION, OR SATELLITE BROADCAST 243
STATIONS REGULATED BY THE FEDERAL GOVERNMENT; OR CABLE TELEVISION 244
SERVICE.
(B)(1) NO SUPPLIER, IN CONNECTION WITH A CONSUMER 246
TRANSACTION INVOLVING NATURAL GAS SERVICE OR PUBLIC 248
TELECOMMUNICATIONS SERVICE TO A CONSUMER IN THIS STATE, SHALL
REQUEST OR SUBMIT, OR CAUSE TO BE REQUESTED OR SUBMITTED, A 250
CHANGE IN THE CONSUMER'S PROVIDER OF NATURAL GAS SERVICE OR 251
PUBLIC TELECOMMUNICATIONS SERVICE, WITHOUT FIRST OBTAINING, OR 252
CAUSING TO BE OBTAINED, THE VERIFIED CONSENT OF THE CONSUMER. 253
FOR THE PURPOSE OF THIS DIVISION AND WITH RESPECT TO PUBLIC 256
TELECOMMUNICATIONS SERVICE ONLY, THE PROCEDURES NECESSARY FOR 257
VERIFYING THE CONSENT OF A CONSUMER SHALL BE THOSE PRESCRIBED BY 258
RULE BY THE PUBLIC UTILITIES COMMISSION FOR PUBLIC
TELECOMMUNICATIONS SERVICE UNDER DIVISION (D) OF SECTION 4905.72 259
OF THE REVISED CODE. ALSO, FOR THE PURPOSE OF THIS DIVISION, THE 261
ACT, OMISSION, OR FAILURE OF ANY OFFICER, AGENT, OR OTHER 262
INDIVIDUAL, ACTING FOR OR EMPLOYED BY ANOTHER PERSON, WHILE
ACTING WITHIN THE SCOPE OF THAT AUTHORITY OR EMPLOYMENT, IS THE 263
7
ACT OR FAILURE OF THAT OTHER PERSON. 264
(2) CONSISTENT WITH THE EXCLUSION, UNDER 47 C.F.R. 267
64.1100(a)(3), OF COMMERCIAL MOBILE RADIO SERVICE PROVIDERS FROM 269
THE VERIFICATION REQUIREMENTS ADOPTED IN 47 C.F.R. 64.1100, 270
64.1150, 64.1160, 64.1170, 64.1180, AND 64.1190 BY THE FEDERAL 271
COMMUNICATIONS COMMISSION, DIVISION (B)(1) OF THIS SECTION DOES 273
NOT APPLY TO A PROVIDER OF COMMERCIAL MOBILE RADIO SERVICE
INSOFAR AS SUCH PROVIDER IS ENGAGED IN THE PROVISION OF 274
COMMERCIAL MOBILE RADIO SERVICE. HOWEVER, WHEN THAT EXCLUSION NO 275
LONGER IS IN EFFECT, DIVISION (B)(1) OF THIS SECTION SHALL APPLY 276
TO SUCH A PROVIDER. 277
Sec. 1345.19. (A) THE COURTS OF COMMON PLEAS, AND 279
MUNICIPAL OR COUNTY COURTS WITHIN THEIR RESPECTIVE JURISDICTIONS, 280
HAVE JURISDICTION OVER ANY SUPPLIER WITH RESPECT TO A VIOLATION 281
OF SECTION 1345.18 OF THE REVISED CODE OR ANY CLAIM ARISING FROM 282
A CONSUMER TRANSACTION SUBJECT TO THAT SECTION. 284
(B) THE POWER, REMEDIES, FORFEITURES, AND PENALTIES 286
PROVIDED BY SECTIONS 1345.18 TO 1345.20 AND DIVISION (C) OF 287
SECTION 1345.99 OF THE REVISED CODE ARE IN ADDITION TO ANY OTHER 288
POWER, REMEDY, FORFEITURE, OR PENALTY PROVIDED BY LAW. 289
Sec. 1345.20. (A) AN AGGRIEVED CONSUMER MAY BRING AN 291
ACTION FOR A DECLARATORY JUDGMENT, AN INJUNCTION, OR OTHER 292
APPROPRIATE RELIEF AGAINST A SUPPLIER THAT IS VIOLATING OR HAS 293
VIOLATED SECTION 1345.18 OF THE REVISED CODE. THE COURT MAY 294
ISSUE ANY ORDER OR ENTER A JUDGMENT AS NECESSARY TO ENSURE 296
COMPLIANCE WITH SECTION 1345.18 OF THE REVISED CODE OR PREVENT 297
ANY ACT OR PRACTICE THAT VIOLATES THAT SECTION. IN ADDITION, 299
UPON A PREPONDERANCE OF THE EVIDENCE, THE COURT: 300
(1) SHALL ISSUE AN ORDER PROVIDING FOR ALL OF THE 302
FOLLOWING:
(a) RESCINDING THE AGGRIEVED CONSUMER'S CHANGE IN SERVICE 304
PROVIDER; 305
(b) REQUIRING THE SUPPLIER TO ABSOLVE THE AGGRIEVED 307
CONSUMER OF ANY LIABILITY FOR ANY CHARGES ASSESSED THE CONSUMER, 309
8
OR REFUND TO THE AGGRIEVED CONSUMER ANY CHARGES COLLECTED FROM 310
THE CONSUMER, BY THE SUPPLIER DURING SUCH PERIOD, AFTER THE 311
VIOLATION OCCURRED, THAT IS DETERMINED REASONABLE BY THE COURT; 312
(c) REQUIRING THE SUPPLIER TO REFUND OR PAY TO THE 314
AGGRIEVED CONSUMER ANY FEES PAID OR COSTS INCURRED BY THE 315
CONSUMER RESULTING FROM THE CHANGE OF THE CONSUMER'S SERVICE 316
PROVIDER OR PROVIDERS, OR FROM THE RESUMPTION OF THE CONSUMER'S 317
SERVICE WITH THE SERVICE PROVIDER OR PROVIDERS FROM WHICH THE 318
CONSUMER WAS SWITCHED;
(d) REQUIRING THE SUPPLIER TO MAKE THE CONSUMER WHOLE 320
REGARDING ANY BONUSES OR BENEFITS, SUCH AS AIRLINE MILEAGE OR 322
PRODUCT DISCOUNTS, TO WHICH THE CONSUMER IS ENTITLED, BY 323
RESTORING BONUSES OR BENEFITS THE CONSUMER LOST AS A RESULT OF 324
THE VIOLATION AND PROVIDING BONUSES OR BENEFITS THE CONSUMER 325
WOULD HAVE EARNED IF NOT FOR THE VIOLATION, OR BY PROVIDING 326
SOMETHING OF EQUAL VALUE. 327
(2) MAY ISSUE AN ORDER PROVIDING FOR ANY OF THE FOLLOWING: 329
(a) REQUIRING THE SUPPLIER TO COMPLY OR UNDERTAKE ANY 331
NECESSARY CORRECTIVE ACTION; 332
(b) ASSESSING UPON THE SUPPLIER FORFEITURES OF NOT MORE 334
THAN ONE THOUSAND DOLLARS FOR EACH DAY OF EACH VIOLATION. 335
HOWEVER, IF THE PREPONDERANCE OF THE EVIDENCE SHOWS THAT THE 336
SUPPLIER HAS ENGAGED OR IS ENGAGING IN A PATTERN OR PRACTICE OF 337
COMMITTING ANY SUCH VIOLATIONS, THE COURT MAY ASSESS UPON THE 338
SUPPLIER FORFEITURES OF NOT MORE THAN FIVE THOUSAND DOLLARS FOR 339
EACH DAY OF EACH VIOLATION. UPON COLLECTION, ONE-HALF OF ANY 340
SUCH FORFEITURE ASSESSED UNDER THIS DIVISION SHALL BE PAID TO THE 341
TREASURER OF THE COUNTY IN WHICH THE ACTION WAS BROUGHT AND 342
ONE-HALF SHALL BE PAID INTO THE STATE TREASURY TO THE CREDIT OF 343
THE GENERAL REVENUE FUND.
(B) UPON A FINDING IN AN ACTION UNDER DIVISION (A) OF THIS 346
SECTION THAT A SUPPLIER IS VIOLATING OR HAS VIOLATED SECTION 347
1345.18 OF THE REVISED CODE, A SERVICE PROVIDER OR PROVIDERS OF 348
NATURAL GAS SERVICE OR PUBLIC TELECOMMUNICATIONS SERVICE FROM 349
9
WHOM THE AGGRIEVED CONSUMER WAS SWITCHED MAY BRING AN ACTION 351
SEEKING THE RELIEF AUTHORIZED BY THIS DIVISION. UPON THE FILING 352
OF SUCH ACTION, THE COURT MAY ISSUE AN ORDER PROVIDING FOR EITHER 353
OF THE FOLLOWING: 354
(1) REQUIRING THE SUPPLIER TO COMPENSATE THE SERVICE 356
PROVIDER OR PROVIDERS FROM WHICH THE AGGRIEVED CONSUMER WAS 357
SWITCHED IN THE AMOUNT OF ALL CHARGES THE CONSUMER WOULD HAVE 358
PAID THAT PARTICULAR SERVICE PROVIDER FOR THE SAME OR COMPARABLE 359
SERVICE HAD THE VIOLATION OR FAILURE TO COMPLY NOT OCCURRED; 360
(2) REQUIRING THE SUPPLIER TO COMPENSATE THE SERVICE 362
PROVIDER OR PROVIDERS FROM WHICH THE AGGRIEVED CONSUMER WAS 363
SWITCHED FOR ANY COSTS THAT THE PARTICULAR SERVICE PROVIDER 364
INCURS AS A RESULT OF MAKING THE CONSUMER WHOLE AS PROVIDED IN 365
DIVISION (A)(1)(d) OF THIS SECTION OR OF EFFECTING THE RESUMPTION 367
OF THE CONSUMER'S SERVICE.
(C) NO ACTION MAY BE BROUGHT UNDER DIVISION (A) OF THIS 369
SECTION TO RECOVER FOR A TRANSACTION MORE THAN TWO YEARS AFTER 371
THE OCCURRENCE OF A VIOLATION. NO ACTION MAY BE BROUGHT UNDER 372
DIVISION (B) OF THIS SECTION MORE THAN ONE YEAR AFTER THE DATE ON 373
WHICH A RULING IN AN ACTION BROUGHT UNDER DIVISION (A) OF THIS 374
SECTION WAS RENDERED.
Sec. 1345.99. (A) Whoever violates section 1345.23 or 383
1345.24 of the Revised Code is guilty of a minor misdemeanor. 385
(B) Whoever violates division (D) of section 1345.76 of 388
the Revised Code shall be fined not more than one thousand
dollars.
(C) WHOEVER KNOWINGLY VIOLATES DIVISION (E) OF SECTION 390
1345.02 OR KNOWINGLY VIOLATES SECTION 1345.18 OF THE REVISED CODE 392
IS GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE FOR A FIRST 394
OFFENSE AND A MISDEMEANOR OF THE SECOND DEGREE FOR ANY SUBSEQUENT
OFFENSE. 395
Sec. 4905.72. (A) AS USED IN THIS SECTION: 397
(1) "NATURAL GAS SERVICE" MEANS THE SALE OF NATURAL GAS, 399
EXCLUSIVE OF ANY DISTRIBUTION OR ANCILLARY SERVICE. 400
10
(2) "PUBLIC TELECOMMUNICATIONS SERVICE" MEANS THE 403
TRANSMISSION BY A TELEPHONE COMPANY, BY ELECTROMAGNETIC OR OTHER 404
MEANS, OF SIGNS, SIGNALS, WRITINGS, IMAGES, SOUNDS, MESSAGES, OR 406
DATA ORIGINATING IN THIS STATE REGARDLESS OF ACTUAL CALL ROUTING, 407
BUT DOES NOT INCLUDE A SYSTEM, INCLUDING ITS CONSTRUCTION, 408
MAINTENANCE, OR OPERATION, FOR THE PROVISION OF 409
TELECOMMUNICATIONS SERVICE, OR ANY PORTION OF SUCH SERVICE, BY 410
ANY ENTITY FOR THE SOLE AND EXCLUSIVE USE OF THAT ENTITY, ITS 411
PARENT, A SUBSIDIARY, OR AN AFFILIATED ENTITY, AND NOT FOR 412
RESALE, DIRECTLY OR INDIRECTLY; THE PROVISION OF TERMINAL
EQUIPMENT USED TO ORIGINATE TELECOMMUNICATIONS SERVICE; BROADCAST 413
TRANSMISSION BY RADIO, TELEVISION, OR SATELLITE BROADCAST 414
STATIONS REGULATED BY THE FEDERAL GOVERNMENT; OR CABLE TELEVISION 415
SERVICE.
(B)(1) NO PUBLIC UTILITY SHALL REQUEST OR SUBMIT, OR CAUSE 417
TO BE REQUESTED OR SUBMITTED, A CHANGE IN THE PROVIDER OF NATURAL 418
GAS SERVICE OR PUBLIC TELECOMMUNICATIONS SERVICE TO A CONSUMER IN 420
THIS STATE, WITHOUT FIRST OBTAINING, OR CAUSING TO BE OBTAINED, 421
THE VERIFIED CONSENT OF THE CONSUMER IN ACCORDANCE WITH RULES 422
ADOPTED BY THE PUBLIC UTILITIES COMMISSION PURSUANT TO DIVISION 423
(D) OF THIS SECTION.
(2) NO PUBLIC UTILITY SHALL VIOLATE OR FAIL TO COMPLY WITH 425
ANY PROVISION OF A RULE ADOPTED BY THE COMMISSION PURSUANT TO 426
DIVISION (D) OF THIS SECTION OR ANY PROVISION OF AN ORDER ISSUED 428
BY THE COMMISSION PURSUANT TO DIVISION (B) OR (C) OF SECTION 429
4905.73 OF THE REVISED CODE. 430
(C)(1) DIVISION (B) OF THIS SECTION DOES NOT APPLY TO THE 433
TRANSFER OF A CUSTOMER'S NATURAL GAS SERVICE OR PUBLIC 435
TELECOMMUNICATIONS SERVICE THAT OCCURS SOLELY DUE TO THE 436
OPERATION OF DEFAULT PROVISIONS IN THE SCHEDULE OF A PUBLIC 437
UTILITY FILED UNDER SECTION 4905.30 OF THE REVISED CODE.
(2) CONSISTENT WITH THE EXCLUSION, UNDER 47 C.F.R. 64.1100 440
(a)(3), OF COMMERCIAL MOBILE RADIO SERVICE PROVIDERS FROM THE 442
VERIFICATION REQUIREMENTS ADOPTED IN 47 C.F.R. 64.1100, 64.1150, 444
11
64.1160, 64.1170, 64.1180, AND 64.1190 BY THE FEDERAL
COMMUNICATIONS COMMISSION, DIVISION (B) OF THIS SECTION DOES NOT 446
APPLY TO A PROVIDER OF COMMERCIAL MOBILE RADIO SERVICE INSOFAR AS 447
SUCH PROVIDER IS ENGAGED IN THE PROVISION OF COMMERCIAL MOBILE 448
RADIO SERVICE. HOWEVER, WHEN THAT EXCLUSION NO LONGER IS IN 449
EFFECT, DIVISION (B) OF THIS SECTION SHALL APPLY TO SUCH A 450
PROVIDER, AND THE COMMISSION SHALL ADOPT RULES APPLICABLE TO SUCH 452
A PROVIDER IN ACCORDANCE WITH DIVISION (D) OF THIS SECTION.
(D) THE COMMISSION SHALL ADOPT COMPETITIVELY NEUTRAL RULES 454
PRESCRIBING PROCEDURES NECESSARY FOR VERIFYING THE CONSENT OF A 455
CONSUMER FOR PURPOSES OF DIVISION (B)(1) OF THIS SECTION AND ANY 456
PROCEDURES NECESSARY FOR THE FILING OF A SECURITY UNDER DIVISION 457
(C)(5) OF SECTION 4905.73 OF THE REVISED CODE, AND MAY ADOPT SUCH 459
OTHER COMPETITIVELY NEUTRAL RULES AS THE COMMISSION CONSIDERS 460
NECESSARY TO CARRY OUT THIS SECTION AND SECTION 4905.73 OF THE 461
REVISED CODE. WITH RESPECT TO PUBLIC TELECOMMUNICATIONS SERVICE 462
ONLY, THE RULES PRESCRIBING PROCEDURES NECESSARY FOR VERIFYING
CONSUMER CONSENT SHALL BE CONSISTENT WITH THE RULES OF THE 464
FEDERAL COMMUNICATIONS COMMISSION IN 47 C.F.R. 64.1100 AND 465
64.1150. 466
Sec. 4905.73. (A) THE PUBLIC UTILITIES COMMISSION, UPON 468
COMPLAINT BY ANY PERSON OR COMPLAINT OR INITIATIVE OF THE 469
COMMISSION, HAS JURISDICTION UNDER SECTION 4905.26 OF THE REVISED 470
CODE REGARDING ANY VIOLATION OF DIVISION (B) OF SECTION 4905.72 471
OF THE REVISED CODE BY A PUBLIC UTILITY. 472
(B) UPON COMPLAINT OR INITIATIVE UNDER DIVISION (A) OF 474
THIS SECTION, IF THE COMMISSION FINDS, AFTER NOTICE AND HEARING 476
PURSUANT TO SECTION 4905.26 OF THE REVISED CODE, THAT A PUBLIC 477
UTILITY HAS VIOLATED SECTION 4905.72 OF THE REVISED CODE, THE 480
COMMISSION, BY ORDER, SHALL DO ALL OF THE FOLLOWING:
(1) RESCIND THE AGGRIEVED CONSUMER'S CHANGE IN SERVICE 483
PROVIDER;
(2) REQUIRE THE PUBLIC UTILITY TO ABSOLVE THE AGGRIEVED 486
CONSUMER OF ANY LIABILITY FOR ANY CHARGES ASSESSED THE CONSUMER, 487
12
OR REFUND TO THE AGGRIEVED CONSUMER ANY CHARGES COLLECTED FROM 488
THE CONSUMER, BY THE PUBLIC UTILITY DURING THE THIRTY-DAY PERIOD 489
AFTER THE VIOLATION OR FAILURE TO COMPLY OCCURRED OR, WHERE 490
APPROPRIATE, DURING SUCH OTHER PERIOD AFTER THAT OCCURRENCE AS 491
DETERMINED REASONABLE BY THE COMMISSION; 492
(3) REQUIRE THE PUBLIC UTILITY TO REFUND OR PAY TO THE 495
AGGRIEVED CONSUMER ANY FEES PAID OR COSTS INCURRED BY THE
CONSUMER RESULTING FROM THE CHANGE OF THE CONSUMER'S SERVICE 497
PROVIDER OR PROVIDERS, OR FROM THE RESUMPTION OF THE CONSUMER'S 498
SERVICE WITH THE SERVICE PROVIDER OR PROVIDERS FROM WHICH THE 499
CONSUMER WAS SWITCHED;
(4) REQUIRE THE PUBLIC UTILITY TO MAKE THE CONSUMER WHOLE 503
REGARDING ANY BONUSES OR BENEFITS, SUCH AS AIRLINE MILEAGE OR 504
PRODUCT DISCOUNTS, TO WHICH THE CONSUMER IS ENTITLED, BY 505
RESTORING BONUSES OR BENEFITS THE CONSUMER LOST AS A RESULT OF 506
THE VIOLATION OR FAILURE TO COMPLY AND PROVIDING BONUSES OR 507
BENEFITS THE CONSUMER WOULD HAVE EARNED IF NOT FOR THE VIOLATION 508
OR FAILURE TO COMPLY, OR BY PROVIDING SOMETHING OF EQUAL VALUE. 509
(C) IN ADDITION TO THE REMEDIES UNDER DIVISION (B) OF THIS 513
SECTION, IF THE COMMISSION FINDS, AFTER NOTICE AND HEARING
PURSUANT TO SECTION 4905.26 OF THE REVISED CODE, THAT A PUBLIC 516
UTILITY HAS VIOLATED SECTION 4905.72 OF THE REVISED CODE, THE 521
COMMISSION, BY ORDER, MAY IMPOSE ANY OF THE FOLLOWING REMEDIES OR 523
FORFEITURES:
(1) REQUIRE THE PUBLIC UTILITY TO COMPLY OR UNDERTAKE ANY 526
NECESSARY CORRECTIVE ACTION;
(2) REQUIRE THE PUBLIC UTILITY TO COMPENSATE THE SERVICE 529
PROVIDER OR PROVIDERS FROM WHICH THE AGGRIEVED CONSUMER WAS 530
SWITCHED IN THE AMOUNT OF ALL CHARGES THE CONSUMER WOULD HAVE 531
PAID THAT PARTICULAR SERVICE PROVIDER FOR THE SAME OR COMPARABLE 532
SERVICE HAD THE VIOLATION OR FAILURE TO COMPLY NOT OCCURRED; 533
(3) REQUIRE THE PUBLIC UTILITY TO COMPENSATE THE SERVICE 536
PROVIDER OR PROVIDERS FROM WHICH THE AGGRIEVED CONSUMER WAS 537
SWITCHED FOR ANY COSTS THAT THE PARTICULAR SERVICE PROVIDER 538
13
INCURS AS A RESULT OF MAKING THE CONSUMER WHOLE AS PROVIDED IN 539
DIVISION (B)(4) OF THIS SECTION OR OF EFFECTING THE RESUMPTION OF 541
THE CONSUMER'S SERVICE;
(4) ASSESS UPON THE PUBLIC UTILITY FORFEITURES OF NOT MORE 543
THAN ONE THOUSAND DOLLARS FOR EACH DAY OF EACH VIOLATION OR 544
FAILURE TO COMPLY. HOWEVER, IF THE COMMISSION FINDS THAT THE 545
PUBLIC UTILITY HAS ENGAGED OR IS ENGAGING IN A PATTERN OR 546
PRACTICE OF COMMITTING ANY SUCH VIOLATIONS OR FAILURES TO COMPLY, 547
THE COMMISSION MAY ASSESS UPON THE PUBLIC UTILITY FORFEITURES OF 548
NOT MORE THAN FIVE THOUSAND DOLLARS FOR EACH DAY OF EACH 549
VIOLATION OR FAILURE. ANY FORFEITURE COLLECTED PURSUANT TO THIS 550
DIVISION SHALL BE DEPOSITED INTO THE STATE TREASURY TO THE CREDIT 551
OF THE GENERAL REVENUE FUND. 552
(5) REQUIRE THE PUBLIC UTILITY TO FILE WITH THE COMMISSION 555
A SECURITY PAYABLE TO THE STATE IN SUCH AMOUNT AND UPON SUCH 556
TERMS AS THE COMMISSION DETERMINES NECESSARY TO ENSURE COMPLIANCE 557
AND PAYMENT OF ANY FORFEITURES ASSESSED PURSUANT TO DIVISION 558
(C)(4) OF THIS SECTION; 559
(6) RESCIND THE PUBLIC UTILITY'S AUTHORITY TO PROVIDE 562
NATURAL GAS SERVICE OR PUBLIC TELECOMMUNICATIONS SERVICE WITHIN 563
THIS STATE.
(D) PROCEEDINGS OF THE COMMISSION PURSUANT TO DIVISION (B) 567
OR (C) OF THIS SECTION ARE GOVERNED BY CHAPTER 4903. OF THE 570
REVISED CODE. 571
(E) THE COMMISSION MAY DIRECT THE ATTORNEY GENERAL TO 574
COMMENCE AN ACTION UNDER SECTION 4905.57 OR 4905.60 OF THE 576
REVISED CODE TO ENFORCE AN ORDER OF THE COMMISSION ISSUED UNDER 577
DIVISION (B) OR (C) OF THIS SECTION, INCLUDING ORDERS ASSESSING 580
FORFEITURES. NOTWITHSTANDING SECTION 4905.57 OF THE REVISED 581
CODE, AN ACTION AUTHORIZED UNDER THIS DIVISION MAY BE BROUGHT IN 582
THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY OR THE COURT OF 584
COMMON PLEAS OF ANY COUNTY IN WHICH VENUE IS PROPER UNDER THE 585
RULES OF CIVIL PROCEDURE.
(F) THE REMEDY AVAILABLE UNDER SECTION 4905.61 OF THE 589
14
REVISED CODE MAY BE APPLIED TO ANY VIOLATION OF SECTION 4905.72 591
OF THE REVISED CODE. 592
(G) THE POWERS, REMEDIES, FORFEITURES, AND PENALTIES 595
PROVIDED BY THIS SECTION AND SECTION 4905.72 AND DIVISION (D) OF 596
SECTION 4905.99 OF THE REVISED CODE ARE IN ADDITION TO ANY OTHER 599
POWER, REMEDY, FORFEITURE, OR PENALTY PROVIDED BY LAW. 600
Sec. 4905.74. NO PUBLIC UTILITY SHALL KNOWINGLY ENGAGE IN 602
A PERSISTENT PRACTICE OR PATTERN OF CONDUCT OF VIOLATING DIVISION 603
(B) OF SECTION 4905.72 OF THE REVISED CODE. 604
Sec. 4905.99. (A) Whoever violates section 4905.52 of the 613
Revised Code shall be fined not less than fifty nor more than 614
five hundred dollars.
(B) Whoever violates section 4905.56 of the Revised Code 617
is guilty of a felony of the fifth degree. 619
(C) Coincident with the operation of section 4905.78 of 622
the Revised Code, whoever violates that section is guilty of a 624
misdemeanor of the fourth degree. 625
(D) WHOEVER VIOLATES SECTION 4905.74 OF THE REVISED CODE 628
IS GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE.
Section 2. That existing sections 1345.01, 1345.02, 630
1345.99, and 4905.99 of the Revised Code are hereby repealed. 631