As Passed by the Senate 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-ARMBRUSTER-HOTTINGER-OELSLAGER-CARNES- 19
MUMPER-LATTA-KEARNS-WACHTMANN-WATTS-SPADA-SCHAFRATH- 20
PRENTISS-GARDNER-LATELL-HAGAN-ESPY-BRADY-MALLORY-FINGERHUT- 21
CUPP-SHOEMAKER 22
_________________________________________________________________ 24
A B I L L
To amend sections 1345.01, 1345.02, 1345.99, and 26
4905.99 and to enact sections 1345.18 to 1345.20 27
and 4905.72 to 4905.74 of the Revised Code to
prohibit any person from switching a consumer's 28
provider of natural gas or public 29
telecommunications service without first
obtaining the consumer's verified consent, and to 30
provide various remedies and penalties for 31
violations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 33
Section 1. That sections 1345.01, 1345.02, 1345.99, and 35
4905.99 be amended and sections 1345.18, 1345.19, 1345.20, 36
2
4905.72, 4905.73, and 4905.74 of the Revised Code be enacted to 37
read as follows:
Sec. 1345.01. As used in sections 1345.01 to 1345.13 of 46
the Revised Code: 47
(A) "Consumer transaction" means a sale, lease, 49
assignment, award by chance, or other transfer of an item of 50
goods, a service, a franchise, or an intangible, to an individual 51
for purposes that are primarily personal, family, or household, 52
or solicitation to supply any of these things. "Consumer 53
transaction" does not include transactions between persons, 54
defined in sections 4905.03 and 5725.01 of the Revised Code, and 55
their customers; transactions between certified public 56
accountants or public accountants and their clients; transactions 57
between attorneys, physicians, or dentists and their clients or 58
patients; and transactions between veterinarians and their 59
patients that pertain to medical treatment but not ancillary 60
services. 61
(B) "Person" includes an individual, corporation, 63
government, governmental subdivision or agency, business trust, 64
estate, trust, partnership, association, cooperative, or other 65
legal entity. 66
(C) "Supplier" means a seller, lessor, assignor, 68
franchisor, or other person engaged in the business of effecting 69
or soliciting consumer transactions, whether or not he THE PERSON 71
deals directly with the consumer.
(D) "Consumer" means a person who engages in a consumer 73
transaction with a supplier. 74
(E) "Knowledge" means actual awareness, but such actual 76
awareness may be inferred where objective manifestations indicate 77
that the individual involved acted with such awareness. 78
(F) "NATURAL GAS SERVICE" MEANS THE SALE OF NATURAL GAS, 80
EXCLUSIVE OF ANY DISTRIBUTION OR ANCILLARY SERVICE. 81
(G) "PUBLIC TELECOMMUNICATIONS SERVICE" MEANS THE 83
TRANSMISSION BY ELECTROMAGNETIC OR OTHER MEANS, OTHER THAN BY A 85
3
TELEPHONE COMPANY AS DEFINED IN SECTION 4927.01 OF THE REVISED
CODE, OF SIGNS, SIGNALS, WRITINGS, IMAGES, SOUNDS, MESSAGES, OR 87
DATA ORIGINATING IN THIS STATE REGARDLESS OF ACTUAL CALL ROUTING. 89
"PUBLIC TELECOMMUNICATIONS SERVICE" EXCLUDES A SYSTEM, INCLUDING 90
ITS CONSTRUCTION, MAINTENANCE, OR OPERATION, FOR THE PROVISION OF 91
TELECOMMUNICATIONS SERVICE, OR ANY PORTION OF SUCH SERVICE, BY 92
ANY ENTITY FOR THE SOLE AND EXCLUSIVE USE OF THAT ENTITY, ITS 93
PARENT, A SUBSIDIARY, OR AN AFFILIATED ENTITY, AND NOT FOR 94
RESALE, DIRECTLY OR INDIRECTLY; THE PROVISION OF TERMINAL
EQUIPMENT USED TO ORIGINATE TELECOMMUNICATIONS SERVICE; BROADCAST 96
TRANSMISSION BY RADIO, TELEVISION, OR SATELLITE BROADCAST 97
STATIONS REGULATED BY THE FEDERAL GOVERNMENT; OR CABLE TELEVISION 98
SERVICE.
Sec. 1345.02. (A) No supplier shall commit an unfair or 107
deceptive act or practice in connection with a consumer 108
transaction. Such an unfair or deceptive act or practice by a 109
supplier violates this section whether it occurs before, during, 110
or after the transaction. 111
(B) Without limiting the scope of division (A) of this 113
section, the act or practice of a supplier in representing any of 114
the following is deceptive: 115
(1) That the subject of a consumer transaction has 117
sponsorship, approval, performance characteristics, accessories, 118
uses, or benefits that it does not have; 119
(2) That the subject of a consumer transaction is of a 121
particular standard, quality, grade, style, prescription, or 122
model, if it is not; 123
(3) That the subject of a consumer transaction is new, or 125
unused, if it is not; 126
(4) That the subject of a consumer transaction is 128
available to the consumer for a reason that does not exist; 129
(5) That the subject of a consumer transaction has been 131
supplied in accordance with a previous representation, if it has 132
not, except that the act of a supplier in furnishing similar 133
4
merchandise of equal or greater value as a good faith substitute 134
does not violate this section; 135
(6) That the subject of a consumer transaction will be 137
supplied in greater quantity than the supplier intends; 138
(7) That replacement or repair is needed, if it is not; 140
(8) That a specific price advantage exists, if it does 142
not; 143
(9) That the supplier has a sponsorship, approval, or 145
affiliation that he THE SUPPLIER does not have; 146
(10) That a consumer transaction involves or does not 148
involve a warranty, a disclaimer of warranties or other rights, 149
remedies, or obligations if the representation is false. 150
(C) In construing division (A) of this section, the court 152
shall give due consideration and great weight to federal trade 153
commission orders, trade regulation rules and guides, and the 154
federal courts' interpretations of subsection 45 (a)(1) of the 155
"Federal Trade Commission Act," 38 Stat. 717 (1914), 15 U.S.C.A. 156
41, as amended. 157
(D) No supplier shall offer to a consumer or represent 159
that a consumer will receive a rebate, discount, or other benefit 160
as an inducement for entering into a consumer transaction in 161
return for giving the supplier the names of prospective 162
consumers, or otherwise helping the supplier to enter into other 163
consumer transactions, if earning the benefit is contingent upon 164
an event occurring after the consumer enters into the 165
transaction. 166
(E)(1) NO SUPPLIER, IN CONNECTION WITH A CONSUMER 168
TRANSACTION INVOLVING NATURAL GAS SERVICE OR PUBLIC 170
TELECOMMUNICATIONS SERVICE TO A CONSUMER IN THIS STATE, SHALL 173
REQUEST OR SUBMIT, OR CAUSE TO BE REQUESTED OR SUBMITTED, A
CHANGE IN THE CONSUMER'S PROVIDER OF NATURAL GAS SERVICE OR 175
PUBLIC TELECOMMUNICATIONS SERVICE, WITHOUT FIRST OBTAINING, OR 176
CAUSING TO BE OBTAINED, THE VERIFIED CONSENT OF THE CONSUMER. 177
FOR THE PURPOSE OF THIS DIVISION AND WITH RESPECT TO PUBLIC 179
5
TELECOMMUNICATIONS SERVICE ONLY, THE PROCEDURES NECESSARY FOR 180
VERIFYING THE CONSENT OF A CONSUMER SHALL BE THOSE PRESCRIBED BY 181
RULE BY THE PUBLIC UTILITIES COMMISSION FOR PUBLIC
TELECOMMUNICATIONS SERVICE UNDER DIVISION (D) OF SECTION 4905.72 182
OF THE REVISED CODE. ALSO, FOR THE PURPOSE OF THIS DIVISION, THE 185
ACT, OMISSION, OR FAILURE OF ANY OFFICER, AGENT, OR OTHER 186
INDIVIDUAL, ACTING FOR OR EMPLOYED BY ANOTHER PERSON, WHILE 187
ACTING WITHIN THE SCOPE OF THAT AUTHORITY OR EMPLOYMENT, IS THE 188
ACT OR FAILURE OF THAT OTHER PERSON. 189
(2) CONSISTENT WITH THE EXCLUSION, UNDER 47 C.F.R. 192
64.1100(a)(3), OF COMMERCIAL MOBILE RADIO SERVICE PROVIDERS FROM 194
THE VERIFICATION REQUIREMENTS ADOPTED IN 47 C.F.R. 64.1100, 195
64.1150, 64.1160, 64.1170, 64.1180, AND 64.1190 BY THE FEDERAL 196
COMMUNICATIONS COMMISSION, DIVISION (E)(1) OF THIS SECTION DOES 197
NOT APPLY TO A PROVIDER OF COMMERCIAL MOBILE RADIO SERVICE 198
INSOFAR AS SUCH PROVIDER IS ENGAGED IN THE PROVISION OF 200
COMMERCIAL MOBILE RADIO SERVICE. HOWEVER, WHEN THAT EXCLUSION NO 201
LONGER IS IN EFFECT, DIVISION (E)(1) OF THIS SECTION SHALL APPLY 202
TO SUCH A PROVIDER. 203
(3) THE ATTORNEY GENERAL MAY INITIATE CRIMINAL PROCEEDINGS 205
FOR A PROSECUTION UNDER DIVISION (C) OF SECTION 1345.99 OF THE 207
REVISED CODE BY PRESENTING EVIDENCE OF CRIMINAL VIOLATIONS TO THE 208
PROSECUTING ATTORNEY OF ANY COUNTY IN WHICH THE OFFENSE MAY BE 209
PROSECUTED. IF THE PROSECUTING ATTORNEY DOES NOT PROSECUTE THE 210
VIOLATIONS, OR AT THE REQUEST OF THE PROSECUTING ATTORNEY, THE 211
ATTORNEY GENERAL MAY PROCEED IN THE PROSECUTION WITH ALL THE 212
RIGHTS, PRIVILEGES, AND POWERS CONFERRED BY LAW ON PROSECUTING 213
ATTORNEYS, INCLUDING THE POWER TO APPEAR BEFORE GRAND JURIES AND 214
TO INTERROGATE WITNESSES BEFORE GRAND JURIES. 215
Sec. 1345.18. (A) AS USED IN THIS SECTION: 217
(1) "CONSUMER," "PERSON," AND "SUPPLIER" HAVE THE SAME 219
MEANINGS AS IN SECTION 1345.01 OF THE REVISED CODE. 220
(2) "CONSUMER TRANSACTION" HAS THE SAME MEANING AS IN 222
SECTION 1345.01 OF THE REVISED CODE EXCEPT THAT THE SALE, LEASE, 223
6
ASSIGNMENT, AWARD BY CHANCE, OR OTHER TRANSFER OF AN ITEM OF 224
GOODS, A SERVICE, A FRANCHISE, OR AN INTANGIBLE, OR SOLICITATION 225
TO SUPPLY ANY OF THOSE THINGS, TO AN INDIVIDUAL IS FOR PURPOSES 226
THAT ARE PRIMARILY OTHER THAN PERSONAL, FAMILY, OR HOUSEHOLD. 227
(3) "NATURAL GAS SERVICE" MEANS THE SALE OF NATURAL GAS, 229
EXCLUSIVE OF ANY DISTRIBUTION OR ANCILLARY SERVICE. 230
(4) "PUBLIC TELECOMMUNICATIONS SERVICE" MEANS THE 232
TRANSMISSION BY ELECTROMAGNETIC OR OTHER MEANS, OTHER THAN BY A 234
TELEPHONE COMPANY AS DEFINED IN SECTION 4927.01 OF THE REVISED
CODE, OF SIGNS, SIGNALS, WRITINGS, IMAGES, SOUNDS, MESSAGES, OR 236
DATA ORIGINATING IN THIS STATE REGARDLESS OF ACTUAL CALL ROUTING. 238
"PUBLIC TELECOMMUNICATIONS SERVICE" EXCLUDES A SYSTEM, INCLUDING 239
ITS CONSTRUCTION, MAINTENANCE, OR OPERATION, FOR THE PROVISION OF 240
TELECOMMUNICATIONS SERVICE, OR ANY PORTION OF SUCH SERVICE, BY 241
ANY ENTITY FOR THE SOLE AND EXCLUSIVE USE OF THAT ENTITY, ITS 242
PARENT, A SUBSIDIARY, OR AN AFFILIATED ENTITY, AND NOT FOR 243
RESALE, DIRECTLY OR INDIRECTLY; THE PROVISION OF TERMINAL
EQUIPMENT USED TO ORIGINATE TELECOMMUNICATIONS SERVICE; BROADCAST 245
TRANSMISSION BY RADIO, TELEVISION, OR SATELLITE BROADCAST 246
STATIONS REGULATED BY THE FEDERAL GOVERNMENT; OR CABLE TELEVISION 247
SERVICE.
(B)(1) NO SUPPLIER, IN CONNECTION WITH A CONSUMER 249
TRANSACTION INVOLVING NATURAL GAS SERVICE OR PUBLIC 251
TELECOMMUNICATIONS SERVICE TO A CONSUMER IN THIS STATE, SHALL
REQUEST OR SUBMIT, OR CAUSE TO BE REQUESTED OR SUBMITTED, A 253
CHANGE IN THE CONSUMER'S PROVIDER OF NATURAL GAS SERVICE OR 254
PUBLIC TELECOMMUNICATIONS SERVICE, WITHOUT FIRST OBTAINING, OR 255
CAUSING TO BE OBTAINED, THE VERIFIED CONSENT OF THE CONSUMER. 256
FOR THE PURPOSE OF THIS DIVISION AND WITH RESPECT TO PUBLIC 259
TELECOMMUNICATIONS SERVICE ONLY, THE PROCEDURES NECESSARY FOR 260
VERIFYING THE CONSENT OF A CONSUMER SHALL BE THOSE PRESCRIBED BY 261
RULE BY THE PUBLIC UTILITIES COMMISSION FOR PUBLIC
TELECOMMUNICATIONS SERVICE UNDER DIVISION (D) OF SECTION 4905.72 262
OF THE REVISED CODE. ALSO, FOR THE PURPOSE OF THIS DIVISION, THE 264
7
ACT, OMISSION, OR FAILURE OF ANY OFFICER, AGENT, OR OTHER 265
INDIVIDUAL, ACTING FOR OR EMPLOYED BY ANOTHER PERSON, WHILE
ACTING WITHIN THE SCOPE OF THAT AUTHORITY OR EMPLOYMENT, IS THE 266
ACT OR FAILURE OF THAT OTHER PERSON. 267
(2) CONSISTENT WITH THE EXCLUSION, UNDER 47 C.F.R. 270
64.1100(a)(3), OF COMMERCIAL MOBILE RADIO SERVICE PROVIDERS FROM 272
THE VERIFICATION REQUIREMENTS ADOPTED IN 47 C.F.R. 64.1100, 273
64.1150, 64.1160, 64.1170, 64.1180, AND 64.1190 BY THE FEDERAL 274
COMMUNICATIONS COMMISSION, DIVISION (B)(1) OF THIS SECTION DOES 276
NOT APPLY TO A PROVIDER OF COMMERCIAL MOBILE RADIO SERVICE
INSOFAR AS SUCH PROVIDER IS ENGAGED IN THE PROVISION OF 277
COMMERCIAL MOBILE RADIO SERVICE. HOWEVER, WHEN THAT EXCLUSION NO 278
LONGER IS IN EFFECT, DIVISION (B)(1) OF THIS SECTION SHALL APPLY 279
TO SUCH A PROVIDER. 280
Sec. 1345.19. (A) THE COURTS OF COMMON PLEAS, AND 282
MUNICIPAL OR COUNTY COURTS WITHIN THEIR RESPECTIVE JURISDICTIONS, 283
HAVE JURISDICTION OVER ANY SUPPLIER WITH RESPECT TO A VIOLATION 284
OF SECTION 1345.18 OF THE REVISED CODE OR ANY CLAIM ARISING FROM 285
A CONSUMER TRANSACTION SUBJECT TO THAT SECTION. 287
(B) THE POWER, REMEDIES, FORFEITURES, AND PENALTIES 289
PROVIDED BY SECTIONS 1345.18 TO 1345.20 AND DIVISION (C) OF 290
SECTION 1345.99 OF THE REVISED CODE ARE IN ADDITION TO ANY OTHER 291
POWER, REMEDY, FORFEITURE, OR PENALTY PROVIDED BY LAW. 292
Sec. 1345.20. (A) AN AGGRIEVED CONSUMER MAY BRING AN 294
ACTION FOR A DECLARATORY JUDGMENT, AN INJUNCTION, OR OTHER 295
APPROPRIATE RELIEF AGAINST A SUPPLIER THAT IS VIOLATING OR HAS 296
VIOLATED SECTION 1345.18 OF THE REVISED CODE. THE COURT MAY 297
ISSUE ANY ORDER OR ENTER A JUDGMENT AS NECESSARY TO ENSURE 299
COMPLIANCE WITH SECTION 1345.18 OF THE REVISED CODE OR PREVENT 300
ANY ACT OR PRACTICE THAT VIOLATES THAT SECTION. IN ADDITION, 302
UPON A PREPONDERANCE OF THE EVIDENCE, THE COURT: 303
(1) SHALL ISSUE AN ORDER PROVIDING FOR ALL OF THE 305
FOLLOWING:
(a) RESCINDING THE AGGRIEVED CONSUMER'S CHANGE IN SERVICE 307
8
PROVIDER; 308
(b) REQUIRING THE SUPPLIER TO ABSOLVE THE AGGRIEVED 310
CONSUMER OF ANY LIABILITY FOR ANY CHARGES ASSESSED THE CONSUMER, 312
OR REFUND TO THE AGGRIEVED CONSUMER ANY CHARGES COLLECTED FROM 313
THE CONSUMER, BY THE SUPPLIER DURING SUCH PERIOD, AFTER THE 314
VIOLATION OCCURRED, THAT IS DETERMINED REASONABLE BY THE COURT; 315
(c) REQUIRING THE SUPPLIER TO REFUND OR PAY TO THE 317
AGGRIEVED CONSUMER ANY FEES PAID OR COSTS INCURRED BY THE 318
CONSUMER RESULTING FROM THE CHANGE OF THE CONSUMER'S SERVICE 319
PROVIDER OR PROVIDERS, OR FROM THE RESUMPTION OF THE CONSUMER'S 320
SERVICE WITH THE SERVICE PROVIDER OR PROVIDERS FROM WHICH THE 321
CONSUMER WAS SWITCHED;
(d) REQUIRING THE SUPPLIER TO MAKE THE CONSUMER WHOLE 323
REGARDING ANY BONUSES OR BENEFITS, SUCH AS AIRLINE MILEAGE OR 325
PRODUCT DISCOUNTS, TO WHICH THE CONSUMER IS ENTITLED, BY 326
RESTORING BONUSES OR BENEFITS THE CONSUMER LOST AS A RESULT OF 327
THE VIOLATION AND PROVIDING BONUSES OR BENEFITS THE CONSUMER 328
WOULD HAVE EARNED IF NOT FOR THE VIOLATION, OR BY PROVIDING 329
SOMETHING OF EQUAL VALUE. 330
(2) MAY ISSUE AN ORDER PROVIDING FOR ANY OF THE FOLLOWING: 332
(a) REQUIRING THE SUPPLIER TO COMPLY OR UNDERTAKE ANY 334
NECESSARY CORRECTIVE ACTION; 335
(b) ASSESSING UPON THE SUPPLIER FORFEITURES OF NOT MORE 337
THAN ONE THOUSAND DOLLARS FOR EACH DAY OF EACH VIOLATION. 338
HOWEVER, IF THE PREPONDERANCE OF THE EVIDENCE SHOWS THAT THE 339
SUPPLIER HAS ENGAGED OR IS ENGAGING IN A PATTERN OR PRACTICE OF 340
COMMITTING ANY SUCH VIOLATIONS, THE COURT MAY ASSESS UPON THE 341
SUPPLIER FORFEITURES OF NOT MORE THAN FIVE THOUSAND DOLLARS FOR 342
EACH DAY OF EACH VIOLATION. UPON COLLECTION, ONE-HALF OF ANY 343
SUCH FORFEITURE ASSESSED UNDER THIS DIVISION SHALL BE PAID TO THE 344
TREASURER OF THE COUNTY IN WHICH THE ACTION WAS BROUGHT AND 345
ONE-HALF SHALL BE PAID INTO THE STATE TREASURY TO THE CREDIT OF 346
THE GENERAL REVENUE FUND.
(B) UPON A FINDING IN AN ACTION UNDER DIVISION (A) OF THIS 349
9
SECTION THAT A SUPPLIER IS VIOLATING OR HAS VIOLATED SECTION 350
1345.18 OF THE REVISED CODE, A SERVICE PROVIDER OR PROVIDERS OF 351
NATURAL GAS SERVICE OR PUBLIC TELECOMMUNICATIONS SERVICE FROM 352
WHOM THE AGGRIEVED CONSUMER WAS SWITCHED MAY BRING AN ACTION 354
SEEKING THE RELIEF AUTHORIZED BY THIS DIVISION. UPON THE FILING 355
OF SUCH ACTION, THE COURT MAY ISSUE AN ORDER PROVIDING FOR EITHER 356
OF THE FOLLOWING: 357
(1) REQUIRING THE SUPPLIER TO COMPENSATE THE SERVICE 359
PROVIDER OR PROVIDERS FROM WHICH THE AGGRIEVED CONSUMER WAS 360
SWITCHED IN THE AMOUNT OF ALL CHARGES THE CONSUMER WOULD HAVE 361
PAID THAT PARTICULAR SERVICE PROVIDER FOR THE SAME OR COMPARABLE 362
SERVICE HAD THE VIOLATION OR FAILURE TO COMPLY NOT OCCURRED; 363
(2) REQUIRING THE SUPPLIER TO COMPENSATE THE SERVICE 365
PROVIDER OR PROVIDERS FROM WHICH THE AGGRIEVED CONSUMER WAS 366
SWITCHED FOR ANY COSTS THAT THE PARTICULAR SERVICE PROVIDER 367
INCURS AS A RESULT OF MAKING THE CONSUMER WHOLE AS PROVIDED IN 368
DIVISION (A)(1)(d) OF THIS SECTION OR OF EFFECTING THE RESUMPTION 370
OF THE CONSUMER'S SERVICE.
(C) NO ACTION MAY BE BROUGHT UNDER DIVISION (A) OF THIS 372
SECTION TO RECOVER FOR A TRANSACTION MORE THAN TWO YEARS AFTER 374
THE OCCURRENCE OF A VIOLATION. NO ACTION MAY BE BROUGHT UNDER 375
DIVISION (B) OF THIS SECTION MORE THAN ONE YEAR AFTER THE DATE ON 376
WHICH A RULING IN AN ACTION BROUGHT UNDER DIVISION (A) OF THIS 377
SECTION WAS RENDERED.
Sec. 1345.99. (A) Whoever violates section 1345.23 or 386
1345.24 of the Revised Code is guilty of a minor misdemeanor. 388
(B) Whoever violates division (D) of section 1345.76 of 391
the Revised Code shall be fined not more than one thousand
dollars.
(C) WHOEVER KNOWINGLY VIOLATES DIVISION (E) OF SECTION 393
1345.02 OR KNOWINGLY VIOLATES SECTION 1345.18 OF THE REVISED CODE 395
IS GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE FOR A FIRST 397
OFFENSE AND A MISDEMEANOR OF THE SECOND DEGREE FOR ANY SUBSEQUENT
OFFENSE. 398
10
Sec. 4905.72. (A) AS USED IN THIS SECTION: 400
(1) "NATURAL GAS SERVICE" MEANS THE SALE OF NATURAL GAS, 402
EXCLUSIVE OF ANY DISTRIBUTION OR ANCILLARY SERVICE. 403
(2) "PUBLIC TELECOMMUNICATIONS SERVICE" MEANS THE 406
TRANSMISSION BY A TELEPHONE COMPANY, BY ELECTROMAGNETIC OR OTHER 407
MEANS, OF SIGNS, SIGNALS, WRITINGS, IMAGES, SOUNDS, MESSAGES, OR 409
DATA ORIGINATING IN THIS STATE REGARDLESS OF ACTUAL CALL ROUTING, 410
BUT DOES NOT INCLUDE A SYSTEM, INCLUDING ITS CONSTRUCTION, 411
MAINTENANCE, OR OPERATION, FOR THE PROVISION OF 412
TELECOMMUNICATIONS SERVICE, OR ANY PORTION OF SUCH SERVICE, BY 413
ANY ENTITY FOR THE SOLE AND EXCLUSIVE USE OF THAT ENTITY, ITS 414
PARENT, A SUBSIDIARY, OR AN AFFILIATED ENTITY, AND NOT FOR 415
RESALE, DIRECTLY OR INDIRECTLY; THE PROVISION OF TERMINAL
EQUIPMENT USED TO ORIGINATE TELECOMMUNICATIONS SERVICE; BROADCAST 416
TRANSMISSION BY RADIO, TELEVISION, OR SATELLITE BROADCAST 417
STATIONS REGULATED BY THE FEDERAL GOVERNMENT; OR CABLE TELEVISION 418
SERVICE.
(B)(1) NO PUBLIC UTILITY SHALL REQUEST OR SUBMIT, OR CAUSE 420
TO BE REQUESTED OR SUBMITTED, A CHANGE IN THE PROVIDER OF NATURAL 421
GAS SERVICE OR PUBLIC TELECOMMUNICATIONS SERVICE TO A CONSUMER IN 423
THIS STATE, WITHOUT FIRST OBTAINING, OR CAUSING TO BE OBTAINED, 424
THE VERIFIED CONSENT OF THE CONSUMER IN ACCORDANCE WITH RULES 425
ADOPTED BY THE PUBLIC UTILITIES COMMISSION PURSUANT TO DIVISION 426
(D) OF THIS SECTION.
(2) NO PUBLIC UTILITY SHALL VIOLATE OR FAIL TO COMPLY WITH 428
ANY PROVISION OF A RULE ADOPTED BY THE COMMISSION PURSUANT TO 429
DIVISION (D) OF THIS SECTION OR ANY PROVISION OF AN ORDER ISSUED 431
BY THE COMMISSION PURSUANT TO DIVISION (B) OR (C) OF SECTION 432
4905.73 OF THE REVISED CODE. 433
(C)(1) DIVISION (B) OF THIS SECTION DOES NOT APPLY TO THE 436
TRANSFER OF A CUSTOMER'S NATURAL GAS SERVICE OR PUBLIC 438
TELECOMMUNICATIONS SERVICE THAT OCCURS SOLELY DUE TO THE 439
OPERATION OF DEFAULT PROVISIONS IN THE SCHEDULE OF A PUBLIC 440
UTILITY FILED UNDER SECTION 4905.30 OF THE REVISED CODE.
11
(2) CONSISTENT WITH THE EXCLUSION, UNDER 47 C.F.R. 64.1100 443
(a)(3), OF COMMERCIAL MOBILE RADIO SERVICE PROVIDERS FROM THE 445
VERIFICATION REQUIREMENTS ADOPTED IN 47 C.F.R. 64.1100, 64.1150, 447
64.1160, 64.1170, 64.1180, AND 64.1190 BY THE FEDERAL
COMMUNICATIONS COMMISSION, DIVISION (B) OF THIS SECTION DOES NOT 449
APPLY TO A PROVIDER OF COMMERCIAL MOBILE RADIO SERVICE INSOFAR AS 450
SUCH PROVIDER IS ENGAGED IN THE PROVISION OF COMMERCIAL MOBILE 451
RADIO SERVICE. HOWEVER, WHEN THAT EXCLUSION NO LONGER IS IN 452
EFFECT, DIVISION (B) OF THIS SECTION SHALL APPLY TO SUCH A 453
PROVIDER, AND THE COMMISSION SHALL ADOPT RULES APPLICABLE TO SUCH 455
A PROVIDER IN ACCORDANCE WITH DIVISION (D) OF THIS SECTION.
(D) THE COMMISSION SHALL ADOPT COMPETITIVELY NEUTRAL RULES 457
PRESCRIBING PROCEDURES NECESSARY FOR VERIFYING THE CONSENT OF A 458
CONSUMER FOR PURPOSES OF DIVISION (B)(1) OF THIS SECTION AND ANY 459
PROCEDURES NECESSARY FOR THE FILING OF A SECURITY UNDER DIVISION 460
(C)(5) OF SECTION 4905.73 OF THE REVISED CODE, AND MAY ADOPT SUCH 462
OTHER COMPETITIVELY NEUTRAL RULES AS THE COMMISSION CONSIDERS 463
NECESSARY TO CARRY OUT THIS SECTION AND SECTION 4905.73 OF THE 464
REVISED CODE. WITH RESPECT TO PUBLIC TELECOMMUNICATIONS SERVICE 465
ONLY, THE RULES PRESCRIBING PROCEDURES NECESSARY FOR VERIFYING
CONSUMER CONSENT SHALL BE CONSISTENT WITH THE RULES OF THE 467
FEDERAL COMMUNICATIONS COMMISSION IN 47 C.F.R. 64.1100 AND 468
64.1150. 469
Sec. 4905.73. (A) THE PUBLIC UTILITIES COMMISSION, UPON 471
COMPLAINT BY ANY PERSON OR COMPLAINT OR INITIATIVE OF THE 472
COMMISSION, HAS JURISDICTION UNDER SECTION 4905.26 OF THE REVISED 473
CODE REGARDING ANY VIOLATION OF DIVISION (B) OF SECTION 4905.72 474
OF THE REVISED CODE BY A PUBLIC UTILITY. 475
(B) UPON COMPLAINT OR INITIATIVE UNDER DIVISION (A) OF 477
THIS SECTION, IF THE COMMISSION FINDS, AFTER NOTICE AND HEARING 479
PURSUANT TO SECTION 4905.26 OF THE REVISED CODE, THAT A PUBLIC 480
UTILITY HAS VIOLATED SECTION 4905.72 OF THE REVISED CODE, THE 483
COMMISSION, BY ORDER, SHALL DO ALL OF THE FOLLOWING:
(1) RESCIND THE AGGRIEVED CONSUMER'S CHANGE IN SERVICE 486
12
PROVIDER;
(2) REQUIRE THE PUBLIC UTILITY TO ABSOLVE THE AGGRIEVED 489
CONSUMER OF ANY LIABILITY FOR ANY CHARGES ASSESSED THE CONSUMER, 490
OR REFUND TO THE AGGRIEVED CONSUMER ANY CHARGES COLLECTED FROM 491
THE CONSUMER, BY THE PUBLIC UTILITY DURING THE THIRTY-DAY PERIOD 492
AFTER THE VIOLATION OR FAILURE TO COMPLY OCCURRED OR, WHERE 493
APPROPRIATE, DURING SUCH OTHER PERIOD AFTER THAT OCCURRENCE AS 494
DETERMINED REASONABLE BY THE COMMISSION; 495
(3) REQUIRE THE PUBLIC UTILITY TO REFUND OR PAY TO THE 498
AGGRIEVED CONSUMER ANY FEES PAID OR COSTS INCURRED BY THE
CONSUMER RESULTING FROM THE CHANGE OF THE CONSUMER'S SERVICE 500
PROVIDER OR PROVIDERS, OR FROM THE RESUMPTION OF THE CONSUMER'S 501
SERVICE WITH THE SERVICE PROVIDER OR PROVIDERS FROM WHICH THE 502
CONSUMER WAS SWITCHED;
(4) REQUIRE THE PUBLIC UTILITY TO MAKE THE CONSUMER WHOLE 506
REGARDING ANY BONUSES OR BENEFITS, SUCH AS AIRLINE MILEAGE OR 507
PRODUCT DISCOUNTS, TO WHICH THE CONSUMER IS ENTITLED, BY 508
RESTORING BONUSES OR BENEFITS THE CONSUMER LOST AS A RESULT OF 509
THE VIOLATION OR FAILURE TO COMPLY AND PROVIDING BONUSES OR 510
BENEFITS THE CONSUMER WOULD HAVE EARNED IF NOT FOR THE VIOLATION 511
OR FAILURE TO COMPLY, OR BY PROVIDING SOMETHING OF EQUAL VALUE. 512
(C) IN ADDITION TO THE REMEDIES UNDER DIVISION (B) OF THIS 516
SECTION, IF THE COMMISSION FINDS, AFTER NOTICE AND HEARING
PURSUANT TO SECTION 4905.26 OF THE REVISED CODE, THAT A PUBLIC 519
UTILITY HAS VIOLATED SECTION 4905.72 OF THE REVISED CODE, THE 524
COMMISSION, BY ORDER, MAY IMPOSE ANY OF THE FOLLOWING REMEDIES OR 526
FORFEITURES:
(1) REQUIRE THE PUBLIC UTILITY TO COMPLY OR UNDERTAKE ANY 529
NECESSARY CORRECTIVE ACTION;
(2) REQUIRE THE PUBLIC UTILITY TO COMPENSATE THE SERVICE 532
PROVIDER OR PROVIDERS FROM WHICH THE AGGRIEVED CONSUMER WAS 533
SWITCHED IN THE AMOUNT OF ALL CHARGES THE CONSUMER WOULD HAVE 534
PAID THAT PARTICULAR SERVICE PROVIDER FOR THE SAME OR COMPARABLE 535
SERVICE HAD THE VIOLATION OR FAILURE TO COMPLY NOT OCCURRED; 536
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(3) REQUIRE THE PUBLIC UTILITY TO COMPENSATE THE SERVICE 539
PROVIDER OR PROVIDERS FROM WHICH THE AGGRIEVED CONSUMER WAS 540
SWITCHED FOR ANY COSTS THAT THE PARTICULAR SERVICE PROVIDER 541
INCURS AS A RESULT OF MAKING THE CONSUMER WHOLE AS PROVIDED IN 542
DIVISION (B)(4) OF THIS SECTION OR OF EFFECTING THE RESUMPTION OF 544
THE CONSUMER'S SERVICE;
(4) ASSESS UPON THE PUBLIC UTILITY FORFEITURES OF NOT MORE 546
THAN ONE THOUSAND DOLLARS FOR EACH DAY OF EACH VIOLATION OR 547
FAILURE TO COMPLY. HOWEVER, IF THE COMMISSION FINDS THAT THE 548
PUBLIC UTILITY HAS ENGAGED OR IS ENGAGING IN A PATTERN OR 549
PRACTICE OF COMMITTING ANY SUCH VIOLATIONS OR FAILURES TO COMPLY, 550
THE COMMISSION MAY ASSESS UPON THE PUBLIC UTILITY FORFEITURES OF 551
NOT MORE THAN FIVE THOUSAND DOLLARS FOR EACH DAY OF EACH 552
VIOLATION OR FAILURE. ANY FORFEITURE COLLECTED PURSUANT TO THIS 553
DIVISION SHALL BE DEPOSITED INTO THE STATE TREASURY TO THE CREDIT 554
OF THE GENERAL REVENUE FUND. 555
(5) REQUIRE THE PUBLIC UTILITY TO FILE WITH THE COMMISSION 558
A SECURITY PAYABLE TO THE STATE IN SUCH AMOUNT AND UPON SUCH 559
TERMS AS THE COMMISSION DETERMINES NECESSARY TO ENSURE COMPLIANCE 560
AND PAYMENT OF ANY FORFEITURES ASSESSED PURSUANT TO DIVISION 561
(C)(4) OF THIS SECTION; 562
(6) RESCIND THE PUBLIC UTILITY'S AUTHORITY TO PROVIDE 565
NATURAL GAS SERVICE OR PUBLIC TELECOMMUNICATIONS SERVICE WITHIN 566
THIS STATE.
(D) PROCEEDINGS OF THE COMMISSION PURSUANT TO DIVISION (B) 570
OR (C) OF THIS SECTION ARE GOVERNED BY CHAPTER 4903. OF THE 573
REVISED CODE. 574
(E) THE COMMISSION MAY DIRECT THE ATTORNEY GENERAL TO 577
COMMENCE AN ACTION UNDER SECTION 4905.57 OR 4905.60 OF THE 579
REVISED CODE TO ENFORCE AN ORDER OF THE COMMISSION ISSUED UNDER 580
DIVISION (B) OR (C) OF THIS SECTION, INCLUDING ORDERS ASSESSING 583
FORFEITURES. NOTWITHSTANDING SECTION 4905.57 OF THE REVISED 584
CODE, AN ACTION AUTHORIZED UNDER THIS DIVISION MAY BE BROUGHT IN 585
THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY OR THE COURT OF 587
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COMMON PLEAS OF ANY COUNTY IN WHICH VENUE IS PROPER UNDER THE 588
RULES OF CIVIL PROCEDURE.
(F) THE REMEDY AVAILABLE UNDER SECTION 4905.61 OF THE 592
REVISED CODE MAY BE APPLIED TO ANY VIOLATION OF SECTION 4905.72 594
OF THE REVISED CODE. 595
(G) THE POWERS, REMEDIES, FORFEITURES, AND PENALTIES 598
PROVIDED BY THIS SECTION AND SECTION 4905.72 AND DIVISION (D) OF 599
SECTION 4905.99 OF THE REVISED CODE ARE IN ADDITION TO ANY OTHER 602
POWER, REMEDY, FORFEITURE, OR PENALTY PROVIDED BY LAW. 603
Sec. 4905.74. NO PUBLIC UTILITY SHALL KNOWINGLY ENGAGE IN 605
A PERSISTENT PRACTICE OR PATTERN OF CONDUCT OF VIOLATING DIVISION 606
(B) OF SECTION 4905.72 OF THE REVISED CODE. 607
Sec. 4905.99. (A) Whoever violates section 4905.52 of the 616
Revised Code shall be fined not less than fifty nor more than 617
five hundred dollars.
(B) Whoever violates section 4905.56 of the Revised Code 620
is guilty of a felony of the fifth degree. 622
(C) Coincident with the operation of section 4905.78 of 625
the Revised Code, whoever violates that section is guilty of a 627
misdemeanor of the fourth degree. 628
(D) WHOEVER VIOLATES SECTION 4905.74 OF THE REVISED CODE 631
IS GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE.
Section 2. That existing sections 1345.01, 1345.02, 633
1345.99, and 4905.99 of the Revised Code are hereby repealed. 634