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To amend sections 324.01, 324.03, 1332.24, 2317.02, | 1 |
2917.21, 2929.01, 4901.01, 4901.02, 4901.11, | 2 |
4901.15, 4901.22, 4903.01, 4903.20, 4903.22, | 3 |
4903.23, 4905.01, 4905.02, 4905.03, 4905.04, | 4 |
4905.09, 4905.12, 4905.14, 4905.16, 4905.18, | 5 |
4905.20, 4905.21, 4905.26, 4905.30, 4905.34, | 6 |
4905.40, 4905.402, 4905.41, 4905.42, 4905.45, | 7 |
4905.46, 4905.47, 4905.51, 4905.52, 4905.58, | 8 |
4905.59, 4905.61, 4905.63, 4905.71, 4905.73, | 9 |
4905.84, 4905.90, 4905.99, 4907.01, 4907.14, | 10 |
4907.30, 4909.01, 4909.02, 4909.03, 4909.17, | 11 |
4911.01, 4921.01, 4923.01, 4927.01, 4927.02, | 12 |
4929.02, 4931.02, 4931.03, 4931.04, 4931.11, | 13 |
4931.99, 4933.14, 4933.18, 4933.19, 4939.01, | 14 |
5515.01, 5733.57, 6101.17, and 6115.21, to amend | 15 |
sections 4931.11 (4931.05) and 4931.35 (4931.06) | 16 |
for the purpose of adopting new section numbers as | 17 |
shown in parentheses, to enact new sections | 18 |
4927.03 and 4927.04 and sections 4927.05, 4927.06, | 19 |
4927.07, 4927.08, 4927.09, 4927.10, 4927.11, | 20 |
4927.12, 4927.13, 4927.14, 4927.15, 4927.16, | 21 |
4927.17, 4927.18, 4927.19, 4927.20, 4927.21, and | 22 |
4931.01, and to repeal sections 4905.041, 4905.23, | 23 |
4905.231, 4905.24, 4905.241, 4905.242, 4905.243, | 24 |
4905.244, 4905.25, 4905.381, 4905.49, 4905.491, | 25 |
4905.50, 4927.03, 4927.04, 4931.06, 4931.07, | 26 |
4931.12, 4931.13, 4931.14, 4931.15, 4931.16, | 27 |
4931.17, 4931.18, 4931.19, 4931.21, 4931.22, | 28 |
4931.25, 4931.26, 4931.27, 4931.28, 4931.29, | 29 |
4931.30, and 4931.31 of the Revised Code to revise | 30 |
state regulation of telephone companies, remove | 31 |
telegraph companies from utility regulation, and | 32 |
revise law concerning confidential information of | 33 |
public utilities. | 34 |
Section 1. That sections 324.01, 324.03, 1332.24, 2317.02, | 35 |
2917.21, 2929.01, 4901.01, 4901.02, 4901.11, 4901.15, 4901.22, | 36 |
4903.01, 4903.20, 4903.22, 4903.23, 4905.01, 4905.02, 4905.03, | 37 |
4905.04, 4905.09, 4905.12, 4905.14, 4905.16, 4905.18, 4905.20, | 38 |
4905.21, 4905.26, 4905.30, 4905.34, 4905.40, 4905.402, 4905.41, | 39 |
4905.42, 4905.45, 4905.46, 4905.47, 4905.51, 4905.52, 4905.58, | 40 |
4905.59, 4905.61, 4905.63, 4905.71, 4905.73, 4905.84, 4905.90, | 41 |
4905.99, 4907.01, 4907.14, 4907.30, 4909.01, 4909.02, 4909.03, | 42 |
4909.17, 4911.01, 4921.01, 4923.01, 4927.01, 4927.02, 4929.02, | 43 |
4931.02, 4931.03, 4931.04, 4931.11, 4931.99, 4933.14, 4933.18, | 44 |
4933.19, 4939.01, 5515.01, 5733.57, 6101.17, and 6115.21 be | 45 |
amended, that sections 4931.11 (4931.05) and 4931.35 (4931.06) be | 46 |
amended for the purpose of adopting new section numbers as shown | 47 |
in parentheses, and that new sections 4927.03 and 4927.04 and | 48 |
sections 4927.05, 4927.06, 4927.07, 4927.08, 4927.09, 4927.10, | 49 |
4927.11, 4927.12, 4927.13, 4927.14, 4927.15, 4927.16, 4927.17, | 50 |
4927.18, 4927.19, 4927.20, 4927.21, and 4931.01 of the Revised | 51 |
Code be enacted to read as follows: | 52 |
Sec. 324.01. As used in sections 324.01 to 324.12 of the | 53 |
Revised Code: | 54 |
(A) "Utility" means: | 55 |
(1) An electric company, gas company, heating company, | 56 |
cooling company, telephone company, | 57 |
communications company supplying a utility service; | 58 |
(2) Any municipal corporation, county, or other political | 59 |
subdivision, instrumentality, or agency of the state supplying a | 60 |
utility service; | 61 |
(3) Any individual, firm, partnership, association, trust, | 62 |
joint-stock company, joint venture, corporation, nonprofit | 63 |
corporation, cooperative, receiver, assignee, trustee in | 64 |
bankruptcy, estate, trustee, or organization of any kind which | 65 |
owns or operates any office building, storeroom building, shopping | 66 |
center, apartment building, apartment hotel, condominium, or other | 67 |
multiple business or dwelling unit, and which sells, furnishes, or | 68 |
delivers a utility service to the tenants or occupants thereof, | 69 |
provided the charge for such utility service is separately stated. | 70 |
(B) Any individual, firm, partnership, association, trust, | 71 |
joint-stock company, joint venture, corporation, municipal | 72 |
corporation, county, or other political subdivision, | 73 |
instrumentality, or agency of the state, nonprofit corporation, | 74 |
cooperative, receiver, assignee, trustee in bankruptcy, estate, | 75 |
trustee, or organization of any kind: | 76 |
(1) Is an electric company when supplying electricity for | 77 |
light, heat, cooling, or power purposes to customers within a | 78 |
county levying a utilities service tax; | 79 |
(2) Is a gas company when supplying artificial gas or natural | 80 |
gas for light, heat, cooling, or power purposes to customers | 81 |
within a county levying a utilities service tax; | 82 |
(3) Is a heating company when supplying water, steam, or air | 83 |
through pipes or tubing for heating purposes to customers within a | 84 |
county levying a utilities service tax; | 85 |
(4) Is a cooling company when supplying water, steam, or air | 86 |
through pipes or tubing for cooling purposes to customers within a | 87 |
county levying a utilities service tax; | 88 |
(5) Is a telephone company when transmitting telephonic | 89 |
messages to, from, or within a county levying a utilities service | 90 |
tax; | 91 |
(6) | 92 |
93 | |
94 |
| 95 |
described in section | 96 |
than transmitting telephonic | 97 |
within a county levying a utilities service tax. | 98 |
(C) "Utility service" means the supplying of water, steam, or | 99 |
air through pipes or tubing for heating or cooling purposes to | 100 |
customers within the county, the supplying of electricity, | 101 |
artificial gas, or natural gas to customers within the county, and | 102 |
the transmission of telephonic | 103 |
supplying of any of the services described in section | 104 |
4931.05 of the Revised Code when the transmission or supplying | 105 |
originates from and is charged to or is received by and charged to | 106 |
a customer within the county. | 107 |
(D) "Charge for utility service" means the amount charged to | 108 |
the customer for a utility service without deduction for any | 109 |
discount for early payment but after deducting the amount of any | 110 |
federal excise tax on such utility service, and excluding the | 111 |
amount paid for the purchase of appliances or other merchandise, | 112 |
and the amount paid for the installation of pipes, meters, poles, | 113 |
apparatus, instruments, switchboards, and other facilities by the | 114 |
utility for the purpose of rendering utility service to the | 115 |
customer if the charge therefor is separately stated by the | 116 |
utility in its bill to the customer and is not included in the | 117 |
basic rates charged to customers of the utility. | 118 |
(E) "Customer" means any individual, firm, partnership, | 119 |
association, trust, joint-stock company, joint venture, | 120 |
corporation, nonprofit corporation, cooperative, receiver, | 121 |
assignee, trustee in bankruptcy, estate, trustee, or organization | 122 |
of any kind receiving utility service from a utility, but does not | 123 |
include the United States, the state, any political subdivision of | 124 |
the state, or any agency or instrumentality of any of them. | 125 |
(F) "Business" has the same meaning as in division (E) of | 126 |
section 5701.08 of the Revised Code. | 127 |
Sec. 324.03. The utilities service tax shall not apply to | 128 |
the following: | 129 |
(A) The first five dollars per month of any charge for | 130 |
utility service for each utility service rendered by a utility to | 131 |
a customer; | 132 |
(B) The supplying of a utility service to a customer for | 133 |
resale; provided, that this division shall not include the | 134 |
supplying of a utility service to a utility as defined in division | 135 |
(A)(3) of section 324.01 of the Revised Code if the utility | 136 |
receiving the service when supplying the service to its customers | 137 |
does not separately state the charge therefor; | 138 |
(C) The supplying of a utility service through a | 139 |
coin-operated device; | 140 |
(D) Telephone service, | 141 |
described in section
| 142 |
from a point outside the state for which a separate charge is | 143 |
made; | 144 |
(E) The supplying of a utility service not within the taxing | 145 |
power of the county under the constitution of the United States or | 146 |
the constitution of this state; | 147 |
(F) The supplying of a utility service to a person engaged in | 148 |
business, for use or consumption in the production of tangible | 149 |
personal property. | 150 |
For the purpose of the proper administration of the utilities | 151 |
service tax and to prevent the evasion of the tax, it is presumed | 152 |
that any supplying of utility service is subject to the tax until | 153 |
the contrary is shown. | 154 |
Sec. 1332.24. (A)(1) In accordance with section 1332.25 of | 155 |
the Revised Code, the director of commerce may issue to any | 156 |
person, or renew, a video service authorization, which | 157 |
authorization confers on the person the authority, subject to | 158 |
sections 1332.21 to 1332.34 of the Revised Code, to provide video | 159 |
service in its video service area; construct and operate a video | 160 |
service network in, along, across, or on public rights-of-way for | 161 |
the provision of video service; and, when necessary to provide | 162 |
that service, exercise the power of a | 163 |
under section 4931.04 of the Revised Code. The term of a video | 164 |
service authorization or authorization renewal shall be ten years. | 165 |
(2) For the purposes of the "Cable Communications Policy Act | 166 |
of 1984," Pub. L. No. 98-549, 98 Stat. 2779, 47 U.S.C. 521 et | 167 |
seq., a video service authorization shall constitute a franchise | 168 |
under that law, and the director shall be the sole franchising | 169 |
authority under that law for video service authorizations in this | 170 |
state. | 171 |
(3) The director may impose upon and collect an annual | 172 |
assessment on video service providers. All money collected under | 173 |
division (A)(3) of this section shall be deposited to the credit | 174 |
of the division of administration fund created under section | 175 |
121.08 of the Revised Code. The total amount assessed in a fiscal | 176 |
year shall not exceed the lesser of four hundred fifty thousand | 177 |
dollars or, as shall be determined annually by the director, the | 178 |
department's actual, current fiscal year administrative costs in | 179 |
carrying out its duties under sections 1332.21 to 1332.34 of the | 180 |
Revised Code. The director shall allocate that total amount | 181 |
proportionately among the video service providers to be assessed, | 182 |
using a formula based on subscriber counts as of the thirty-first | 183 |
day of December of the preceding calendar year, which counts shall | 184 |
be submitted to the director not later than the thirty-first day | 185 |
of January of each year, via a notarized statement signed by an | 186 |
authorized officer. Any information submitted by a video service | 187 |
provider to the director for the purpose of determining subscriber | 188 |
counts shall be considered trade secret information, shall not be | 189 |
disclosed except by court order, and shall not constitute a public | 190 |
record under section 149.43 of the Revised Code. On or about the | 191 |
first day of June of each year, the director shall send to each | 192 |
video service provider to be assessed written notice of its | 193 |
proportional amount of the total assessment. The provider shall | 194 |
pay that amount on a quarterly basis not later than forty-five | 195 |
days after the end of each calendar quarter. After the initial | 196 |
assessment, the director annually shall reconcile the amount | 197 |
collected with the total, current amount assessed pursuant to this | 198 |
section, and either shall charge each assessed video service | 199 |
provider its respective proportion of any insufficiency or | 200 |
proportionately credit the provider's next assessment for any | 201 |
excess collected. | 202 |
(B)(1) The director may investigate alleged violations of or | 203 |
failures to comply with division (A) of section 1332.23, division | 204 |
(A) of this section, division (C) of section 1332.25, division (C) | 205 |
or (D) of section 1332.26, division (A), (B), or (C) of section | 206 |
1332.27, division (A) of section 1332.28, division (A) or (B) of | 207 |
section 1332.29, or section 1332.30 or 1332.31 of the Revised | 208 |
Code, or complaints concerning any such violation or failure. | 209 |
Except as provided in this section, the director has no authority | 210 |
to regulate video service in this state, including, but not | 211 |
limited to, the rates, terms, or conditions of that service. | 212 |
(2) In conducting an investigation under division (B)(1) of | 213 |
this section, the director, by subpoena, may compel witnesses to | 214 |
testify in relation to any matter over which the director has | 215 |
jurisdiction and may require the production of any book, record, | 216 |
or other document pertaining to that matter. If a person fails to | 217 |
file any statement or report, obey any subpoena, give testimony, | 218 |
produce any book, record, or other document as required by a | 219 |
subpoena, or permit photocopying of any book, record, or other | 220 |
document subpoenaed, the court of common pleas of any county in | 221 |
this state, upon application made to it by the director, shall | 222 |
compel obedience by attachment proceedings for contempt, as in the | 223 |
case of disobedience of the requirements of a subpoena issued from | 224 |
the court or a refusal to testify. | 225 |
(C)(1) If the director finds that a person has violated or | 226 |
failed to comply with division (A) of section 1332.23, division | 227 |
(A) of this section, division (C) of section 1332.25, division (C) | 228 |
or (D) of section 1332.26, division (A), (B), or (C) of section | 229 |
1332.27, division (A) of section 1332.28, division (A) or (B) of | 230 |
section 1332.29, or section 1332.30 or 1332.31 of the Revised | 231 |
Code, and the person has failed to cure the violation or failure | 232 |
after reasonable, written notice and reasonable time to cure, the | 233 |
director may do any of the following: | 234 |
(a) Apply to the court of common pleas of any county in this | 235 |
state for an order enjoining the activity or requiring compliance. | 236 |
Such an action shall be commenced not later than three years after | 237 |
the date the alleged violation or failure occurred or was | 238 |
reasonably discovered. Upon a showing by the director that the | 239 |
person has engaged in a violation or failure to comply, the court | 240 |
shall grant an injunction, restraining order, or other appropriate | 241 |
relief. | 242 |
(b) Enter into a written assurance of voluntary compliance | 243 |
with the person; | 244 |
(c) Pursuant to an adjudication under Chapter 119. of the | 245 |
Revised Code, assess a civil penalty in an amount determined by | 246 |
the director, including for any failure to comply with an | 247 |
assurance of voluntary compliance under division (C)(1)(b) of this | 248 |
section. The amount shall be not more than one thousand dollars | 249 |
for each day of violation or noncompliance, not to exceed a total | 250 |
of ten thousand dollars, counting all subscriber impacts as a | 251 |
single violation or act of noncompliance. In determining whether a | 252 |
civil penalty is appropriate under division (C)(1)(c) of this | 253 |
section, the director shall consider all of the following factors: | 254 |
(i) The seriousness of the noncompliance; | 255 |
(ii) The good faith efforts of the person to comply; | 256 |
(iii) The person's history of noncompliance; | 257 |
(iv) The financial resources of the person; | 258 |
(v) Any other matter that justice requires. | 259 |
Civil penalties collected pursuant to division (C)(1)(c) of | 260 |
this section shall be deposited to the credit of the video service | 261 |
enforcement fund in the state treasury, which is hereby created, | 262 |
to be used by the department of commerce in carrying out its | 263 |
duties under this section. | 264 |
(2) Pursuant to an adjudication under Chapter 119. of the | 265 |
Revised Code, the director may revoke, in whole or in part, the | 266 |
video service authorization of any person that has repeatedly and | 267 |
knowingly violated or failed to comply with division (A) of | 268 |
section 1332.23, division (A) of this section, division (C) of | 269 |
section 1332.25, division (C) or (D) of section 1332.26, division | 270 |
(A), (B), or (C) of section 1332.27, division (A) of section | 271 |
1332.28, division (A) or (B) of section 1332.29, or section | 272 |
1332.30 or 1332.31 of the Revised Code and that has failed to cure | 273 |
the violations or noncompliances after reasonable written notice | 274 |
and reasonable time to cure. Such person acts knowingly, | 275 |
regardless of the person's purpose, when the person is aware that | 276 |
the person's conduct will probably cause a certain result or will | 277 |
probably be of a certain nature. A person has knowledge of | 278 |
circumstances when the person is aware that such circumstances | 279 |
probably exist. | 280 |
(3) The court shall conduct a de novo review in any appeal | 281 |
from an adjudication under division (C)(1)(c) or (C)(2) of this | 282 |
section. | 283 |
(D) The public utilities commission has no authority over a | 284 |
video service provider in its offering of video service or a cable | 285 |
operator in its offering of cable or video service, or over any | 286 |
person in its offering of video service pursuant to a competitive | 287 |
video service agreement. | 288 |
Sec. 2317.02. The following persons shall not testify in | 289 |
certain respects: | 290 |
(A)(1) An attorney, concerning a communication made to the | 291 |
attorney by a client in that relation or the attorney's advice to | 292 |
a client, except that the attorney may testify by express consent | 293 |
of the client or, if the client is deceased, by the express | 294 |
consent of the surviving spouse or the executor or administrator | 295 |
of the estate of the deceased client. However, if the client | 296 |
voluntarily testifies or is deemed by section 2151.421 of the | 297 |
Revised Code to have waived any testimonial privilege under this | 298 |
division, the attorney may be compelled to testify on the same | 299 |
subject. | 300 |
The testimonial privilege established under this division | 301 |
does not apply concerning a communication between a client who has | 302 |
since died and the deceased client's attorney if the communication | 303 |
is relevant to a dispute between parties who claim through that | 304 |
deceased client, regardless of whether the claims are by testate | 305 |
or intestate succession or by inter vivos transaction, and the | 306 |
dispute addresses the competency of the deceased client when the | 307 |
deceased client executed a document that is the basis of the | 308 |
dispute or whether the deceased client was a victim of fraud, | 309 |
undue influence, or duress when the deceased client executed a | 310 |
document that is the basis of the dispute. | 311 |
(2) An attorney, concerning a communication made to the | 312 |
attorney by a client in that relationship or the attorney's advice | 313 |
to a client, except that if the client is an insurance company, | 314 |
the attorney may be compelled to testify, subject to an in camera | 315 |
inspection by a court, about communications made by the client to | 316 |
the attorney or by the attorney to the client that are related to | 317 |
the attorney's aiding or furthering an ongoing or future | 318 |
commission of bad faith by the client, if the party seeking | 319 |
disclosure of the communications has made a prima facie showing of | 320 |
bad faith, fraud, or criminal misconduct by the client. | 321 |
(B)(1) A physician or a dentist concerning a communication | 322 |
made to the physician or dentist by a patient in that relation or | 323 |
the physician's or dentist's advice to a patient, except as | 324 |
otherwise provided in this division, division (B)(2), and division | 325 |
(B)(3) of this section, and except that, if the patient is deemed | 326 |
by section 2151.421 of the Revised Code to have waived any | 327 |
testimonial privilege under this division, the physician may be | 328 |
compelled to testify on the same subject. | 329 |
The testimonial privilege established under this division | 330 |
does not apply, and a physician or dentist may testify or may be | 331 |
compelled to testify, in any of the following circumstances: | 332 |
(a) In any civil action, in accordance with the discovery | 333 |
provisions of the Rules of Civil Procedure in connection with a | 334 |
civil action, or in connection with a claim under Chapter 4123. of | 335 |
the Revised Code, under any of the following circumstances: | 336 |
(i) If the patient or the guardian or other legal | 337 |
representative of the patient gives express consent; | 338 |
(ii) If the patient is deceased, the spouse of the patient or | 339 |
the executor or administrator of the patient's estate gives | 340 |
express consent; | 341 |
(iii) If a medical claim, dental claim, chiropractic claim, | 342 |
or optometric claim, as defined in section 2305.113 of the Revised | 343 |
Code, an action for wrongful death, any other type of civil | 344 |
action, or a claim under Chapter 4123. of the Revised Code is | 345 |
filed by the patient, the personal representative of the estate of | 346 |
the patient if deceased, or the patient's guardian or other legal | 347 |
representative. | 348 |
(b) In any civil action concerning court-ordered treatment or | 349 |
services received by a patient, if the court-ordered treatment or | 350 |
services were ordered as part of a case plan journalized under | 351 |
section 2151.412 of the Revised Code or the court-ordered | 352 |
treatment or services are necessary or relevant to dependency, | 353 |
neglect, or abuse or temporary or permanent custody proceedings | 354 |
under Chapter 2151. of the Revised Code. | 355 |
(c) In any criminal action concerning any test or the results | 356 |
of any test that determines the presence or concentration of | 357 |
alcohol, a drug of abuse, a combination of them, a controlled | 358 |
substance, or a metabolite of a controlled substance in the | 359 |
patient's whole blood, blood serum or plasma, breath, urine, or | 360 |
other bodily substance at any time relevant to the criminal | 361 |
offense in question. | 362 |
(d) In any criminal action against a physician or dentist. In | 363 |
such an action, the testimonial privilege established under this | 364 |
division does not prohibit the admission into evidence, in | 365 |
accordance with the Rules of Evidence, of a patient's medical or | 366 |
dental records or other communications between a patient and the | 367 |
physician or dentist that are related to the action and obtained | 368 |
by subpoena, search warrant, or other lawful means. A court that | 369 |
permits or compels a physician or dentist to testify in such an | 370 |
action or permits the introduction into evidence of patient | 371 |
records or other communications in such an action shall require | 372 |
that appropriate measures be taken to ensure that the | 373 |
confidentiality of any patient named or otherwise identified in | 374 |
the records is maintained. Measures to ensure confidentiality that | 375 |
may be taken by the court include sealing its records or deleting | 376 |
specific information from its records. | 377 |
(e)(i) If the communication was between a patient who has | 378 |
since died and the deceased patient's physician or dentist, the | 379 |
communication is relevant to a dispute between parties who claim | 380 |
through that deceased patient, regardless of whether the claims | 381 |
are by testate or intestate succession or by inter vivos | 382 |
transaction, and the dispute addresses the competency of the | 383 |
deceased patient when the deceased patient executed a document | 384 |
that is the basis of the dispute or whether the deceased patient | 385 |
was a victim of fraud, undue influence, or duress when the | 386 |
deceased patient executed a document that is the basis of the | 387 |
dispute. | 388 |
(ii) If neither the spouse of a patient nor the executor or | 389 |
administrator of that patient's estate gives consent under | 390 |
division (B)(1)(a)(ii) of this section, testimony or the | 391 |
disclosure of the patient's medical records by a physician, | 392 |
dentist, or other health care provider under division (B)(1)(e)(i) | 393 |
of this section is a permitted use or disclosure of protected | 394 |
health information, as defined in 45 C.F.R. 160.103, and an | 395 |
authorization or opportunity to be heard shall not be required. | 396 |
(iii) Division (B)(1)(e)(i) of this section does not require | 397 |
a mental health professional to disclose psychotherapy notes, as | 398 |
defined in 45 C.F.R. 164.501. | 399 |
(iv) An interested person who objects to testimony or | 400 |
disclosure under division (B)(1)(e)(i) of this section may seek a | 401 |
protective order pursuant to Civil Rule 26. | 402 |
(v) A person to whom protected health information is | 403 |
disclosed under division (B)(1)(e)(i) of this section shall not | 404 |
use or disclose the protected health information for any purpose | 405 |
other than the litigation or proceeding for which the information | 406 |
was requested and shall return the protected health information to | 407 |
the covered entity or destroy the protected health information, | 408 |
including all copies made, at the conclusion of the litigation or | 409 |
proceeding. | 410 |
(2)(a) If any law enforcement officer submits a written | 411 |
statement to a health care provider that states that an official | 412 |
criminal investigation has begun regarding a specified person or | 413 |
that a criminal action or proceeding has been commenced against a | 414 |
specified person, that requests the provider to supply to the | 415 |
officer copies of any records the provider possesses that pertain | 416 |
to any test or the results of any test administered to the | 417 |
specified person to determine the presence or concentration of | 418 |
alcohol, a drug of abuse, a combination of them, a controlled | 419 |
substance, or a metabolite of a controlled substance in the | 420 |
person's whole blood, blood serum or plasma, breath, or urine at | 421 |
any time relevant to the criminal offense in question, and that | 422 |
conforms to section 2317.022 of the Revised Code, the provider, | 423 |
except to the extent specifically prohibited by any law of this | 424 |
state or of the United States, shall supply to the officer a copy | 425 |
of any of the requested records the provider possesses. If the | 426 |
health care provider does not possess any of the requested | 427 |
records, the provider shall give the officer a written statement | 428 |
that indicates that the provider does not possess any of the | 429 |
requested records. | 430 |
(b) If a health care provider possesses any records of the | 431 |
type described in division (B)(2)(a) of this section regarding the | 432 |
person in question at any time relevant to the criminal offense in | 433 |
question, in lieu of personally testifying as to the results of | 434 |
the test in question, the custodian of the records may submit a | 435 |
certified copy of the records, and, upon its submission, the | 436 |
certified copy is qualified as authentic evidence and may be | 437 |
admitted as evidence in accordance with the Rules of Evidence. | 438 |
Division (A) of section 2317.422 of the Revised Code does not | 439 |
apply to any certified copy of records submitted in accordance | 440 |
with this division. Nothing in this division shall be construed to | 441 |
limit the right of any party to call as a witness the person who | 442 |
administered the test to which the records pertain, the person | 443 |
under whose supervision the test was administered, the custodian | 444 |
of the records, the person who made the records, or the person | 445 |
under whose supervision the records were made. | 446 |
(3)(a) If the testimonial privilege described in division | 447 |
(B)(1) of this section does not apply as provided in division | 448 |
(B)(1)(a)(iii) of this section, a physician or dentist may be | 449 |
compelled to testify or to submit to discovery under the Rules of | 450 |
Civil Procedure only as to a communication made to the physician | 451 |
or dentist by the patient in question in that relation, or the | 452 |
physician's or dentist's advice to the patient in question, that | 453 |
related causally or historically to physical or mental injuries | 454 |
that are relevant to issues in the medical claim, dental claim, | 455 |
chiropractic claim, or optometric claim, action for wrongful | 456 |
death, other civil action, or claim under Chapter 4123. of the | 457 |
Revised Code. | 458 |
(b) If the testimonial privilege described in division (B)(1) | 459 |
of this section does not apply to a physician or dentist as | 460 |
provided in division (B)(1)(c) of this section, the physician or | 461 |
dentist, in lieu of personally testifying as to the results of the | 462 |
test in question, may submit a certified copy of those results, | 463 |
and, upon its submission, the certified copy is qualified as | 464 |
authentic evidence and may be admitted as evidence in accordance | 465 |
with the Rules of Evidence. Division (A) of section 2317.422 of | 466 |
the Revised Code does not apply to any certified copy of results | 467 |
submitted in accordance with this division. Nothing in this | 468 |
division shall be construed to limit the right of any party to | 469 |
call as a witness the person who administered the test in | 470 |
question, the person under whose supervision the test was | 471 |
administered, the custodian of the results of the test, the person | 472 |
who compiled the results, or the person under whose supervision | 473 |
the results were compiled. | 474 |
(4) The testimonial privilege described in division (B)(1) of | 475 |
this section is not waived when a communication is made by a | 476 |
physician to a pharmacist or when there is communication between a | 477 |
patient and a pharmacist in furtherance of the physician-patient | 478 |
relation. | 479 |
(5)(a) As used in divisions (B)(1) to (4) of this section, | 480 |
"communication" means acquiring, recording, or transmitting any | 481 |
information, in any manner, concerning any facts, opinions, or | 482 |
statements necessary to enable a physician or dentist to diagnose, | 483 |
treat, prescribe, or act for a patient. A "communication" may | 484 |
include, but is not limited to, any medical or dental, office, or | 485 |
hospital communication such as a record, chart, letter, | 486 |
memorandum, laboratory test and results, x-ray, photograph, | 487 |
financial statement, diagnosis, or prognosis. | 488 |
(b) As used in division (B)(2) of this section, "health care | 489 |
provider" means a hospital, ambulatory care facility, long-term | 490 |
care facility, pharmacy, emergency facility, or health care | 491 |
practitioner. | 492 |
(c) As used in division (B)(5)(b) of this section: | 493 |
(i) "Ambulatory care facility" means a facility that provides | 494 |
medical, diagnostic, or surgical treatment to patients who do not | 495 |
require hospitalization, including a dialysis center, ambulatory | 496 |
surgical facility, cardiac catheterization facility, diagnostic | 497 |
imaging center, extracorporeal shock wave lithotripsy center, home | 498 |
health agency, inpatient hospice, birthing center, radiation | 499 |
therapy center, emergency facility, and an urgent care center. | 500 |
"Ambulatory health care facility" does not include the private | 501 |
office of a physician or dentist, whether the office is for an | 502 |
individual or group practice. | 503 |
(ii) "Emergency facility" means a hospital emergency | 504 |
department or any other facility that provides emergency medical | 505 |
services. | 506 |
(iii) "Health care practitioner" has the same meaning as in | 507 |
section 4769.01 of the Revised Code. | 508 |
(iv) "Hospital" has the same meaning as in section 3727.01 of | 509 |
the Revised Code. | 510 |
(v) "Long-term care facility" means a nursing home, | 511 |
residential care facility, or home for the aging, as those terms | 512 |
are defined in section 3721.01 of the Revised Code; an adult care | 513 |
facility, as defined in section 3722.01 of the Revised Code; a | 514 |
nursing facility or intermediate care facility for the mentally | 515 |
retarded, as those terms are defined in section 5111.20 of the | 516 |
Revised Code; a facility or portion of a facility certified as a | 517 |
skilled nursing facility under Title XVIII of the "Social Security | 518 |
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended. | 519 |
(vi) "Pharmacy" has the same meaning as in section 4729.01 of | 520 |
the Revised Code. | 521 |
(d) As used in divisions (B)(1) and (2) of this section, | 522 |
"drug of abuse" has the same meaning as in section 4506.01 of the | 523 |
Revised Code. | 524 |
(6) Divisions (B)(1), (2), (3), (4), and (5) of this section | 525 |
apply to doctors of medicine, doctors of osteopathic medicine, | 526 |
doctors of podiatry, and dentists. | 527 |
(7) Nothing in divisions (B)(1) to (6) of this section | 528 |
affects, or shall be construed as affecting, the immunity from | 529 |
civil liability conferred by section 307.628 of the Revised Code | 530 |
or the immunity from civil liability conferred by section 2305.33 | 531 |
of the Revised Code upon physicians who report an employee's use | 532 |
of a drug of abuse, or a condition of an employee other than one | 533 |
involving the use of a drug of abuse, to the employer of the | 534 |
employee in accordance with division (B) of that section. As used | 535 |
in division (B)(7) of this section, "employee," "employer," and | 536 |
"physician" have the same meanings as in section 2305.33 of the | 537 |
Revised Code. | 538 |
(C)(1) A cleric, when the cleric remains accountable to the | 539 |
authority of that cleric's church, denomination, or sect, | 540 |
concerning a confession made, or any information confidentially | 541 |
communicated, to the cleric for a religious counseling purpose in | 542 |
the cleric's professional character. The cleric may testify by | 543 |
express consent of the person making the communication, except | 544 |
when the disclosure of the information is in violation of a sacred | 545 |
trust and except that, if the person voluntarily testifies or is | 546 |
deemed by division (A)(4)(c) of section 2151.421 of the Revised | 547 |
Code to have waived any testimonial privilege under this division, | 548 |
the cleric may be compelled to testify on the same subject except | 549 |
when disclosure of the information is in violation of a sacred | 550 |
trust. | 551 |
(2) As used in division (C) of this section: | 552 |
(a) "Cleric" means a member of the clergy, rabbi, priest, | 553 |
Christian Science practitioner, or regularly ordained, accredited, | 554 |
or licensed minister of an established and legally cognizable | 555 |
church, denomination, or sect. | 556 |
(b) "Sacred trust" means a confession or confidential | 557 |
communication made to a cleric in the cleric's ecclesiastical | 558 |
capacity in the course of discipline enjoined by the church to | 559 |
which the cleric belongs, including, but not limited to, the | 560 |
Catholic Church, if both of the following apply: | 561 |
(i) The confession or confidential communication was made | 562 |
directly to the cleric. | 563 |
(ii) The confession or confidential communication was made in | 564 |
the manner and context that places the cleric specifically and | 565 |
strictly under a level of confidentiality that is considered | 566 |
inviolate by canon law or church doctrine. | 567 |
(D) Husband or wife, concerning any communication made by one | 568 |
to the other, or an act done by either in the presence of the | 569 |
other, during coverture, unless the communication was made, or act | 570 |
done, in the known presence or hearing of a third person competent | 571 |
to be a witness; and such rule is the same if the marital relation | 572 |
has ceased to exist; | 573 |
(E) A person who assigns a claim or interest, concerning any | 574 |
matter in respect to which the person would not, if a party, be | 575 |
permitted to testify; | 576 |
(F) A person who, if a party, would be restricted under | 577 |
section 2317.03 of the Revised Code, when the property or thing is | 578 |
sold or transferred by an executor, administrator, guardian, | 579 |
trustee, heir, devisee, or legatee, shall be restricted in the | 580 |
same manner in any action or proceeding concerning the property or | 581 |
thing. | 582 |
(G)(1) A school guidance counselor who holds a valid educator | 583 |
license from the state board of education as provided for in | 584 |
section 3319.22 of the Revised Code, a person licensed under | 585 |
Chapter 4757. of the Revised Code as a professional clinical | 586 |
counselor, professional counselor, social worker, independent | 587 |
social worker, marriage and family therapist or independent | 588 |
marriage and family therapist, or registered under Chapter 4757. | 589 |
of the Revised Code as a social work assistant concerning a | 590 |
confidential communication received from a client in that relation | 591 |
or the person's advice to a client unless any of the following | 592 |
applies: | 593 |
(a) The communication or advice indicates clear and present | 594 |
danger to the client or other persons. For the purposes of this | 595 |
division, cases in which there are indications of present or past | 596 |
child abuse or neglect of the client constitute a clear and | 597 |
present danger. | 598 |
(b) The client gives express consent to the testimony. | 599 |
(c) If the client is deceased, the surviving spouse or the | 600 |
executor or administrator of the estate of the deceased client | 601 |
gives express consent. | 602 |
(d) The client voluntarily testifies, in which case the | 603 |
school guidance counselor or person licensed or registered under | 604 |
Chapter 4757. of the Revised Code may be compelled to testify on | 605 |
the same subject. | 606 |
(e) The court in camera determines that the information | 607 |
communicated by the client is not germane to the counselor-client, | 608 |
marriage and family therapist-client, or social worker-client | 609 |
relationship. | 610 |
(f) A court, in an action brought against a school, its | 611 |
administration, or any of its personnel by the client, rules after | 612 |
an in-camera inspection that the testimony of the school guidance | 613 |
counselor is relevant to that action. | 614 |
(g) The testimony is sought in a civil action and concerns | 615 |
court-ordered treatment or services received by a patient as part | 616 |
of a case plan journalized under section 2151.412 of the Revised | 617 |
Code or the court-ordered treatment or services are necessary or | 618 |
relevant to dependency, neglect, or abuse or temporary or | 619 |
permanent custody proceedings under Chapter 2151. of the Revised | 620 |
Code. | 621 |
(2) Nothing in division (G)(1) of this section shall relieve | 622 |
a school guidance counselor or a person licensed or registered | 623 |
under Chapter 4757. of the Revised Code from the requirement to | 624 |
report information concerning child abuse or neglect under section | 625 |
2151.421 of the Revised Code. | 626 |
(H) A mediator acting under a mediation order issued under | 627 |
division (A) of section 3109.052 of the Revised Code or otherwise | 628 |
issued in any proceeding for divorce, dissolution, legal | 629 |
separation, annulment, or the allocation of parental rights and | 630 |
responsibilities for the care of children, in any action or | 631 |
proceeding, other than a criminal, delinquency, child abuse, child | 632 |
neglect, or dependent child action or proceeding, that is brought | 633 |
by or against either parent who takes part in mediation in | 634 |
accordance with the order and that pertains to the mediation | 635 |
process, to any information discussed or presented in the | 636 |
mediation process, to the allocation of parental rights and | 637 |
responsibilities for the care of the parents' children, or to the | 638 |
awarding of parenting time rights in relation to their children; | 639 |
(I) A communications assistant, acting within the scope of | 640 |
the communication assistant's authority, when providing | 641 |
telecommunications relay service pursuant to section | 642 |
4931.06 of the Revised Code or Title II of the "Communications Act | 643 |
of 1934," 104 Stat. 366 (1990), 47 U.S.C. 225, concerning a | 644 |
communication made through a telecommunications relay service. | 645 |
Nothing in this section shall limit the obligation of a | 646 |
communications assistant to divulge information or testify when | 647 |
mandated by federal law or regulation or pursuant to subpoena in a | 648 |
criminal proceeding. | 649 |
Nothing in this section shall limit any immunity or privilege | 650 |
granted under federal law or regulation. | 651 |
(J)(1) A chiropractor in a civil proceeding concerning a | 652 |
communication made to the chiropractor by a patient in that | 653 |
relation or the chiropractor's advice to a patient, except as | 654 |
otherwise provided in this division. The testimonial privilege | 655 |
established under this division does not apply, and a chiropractor | 656 |
may testify or may be compelled to testify, in any civil action, | 657 |
in accordance with the discovery provisions of the Rules of Civil | 658 |
Procedure in connection with a civil action, or in connection with | 659 |
a claim under Chapter 4123. of the Revised Code, under any of the | 660 |
following circumstances: | 661 |
(a) If the patient or the guardian or other legal | 662 |
representative of the patient gives express consent. | 663 |
(b) If the patient is deceased, the spouse of the patient or | 664 |
the executor or administrator of the patient's estate gives | 665 |
express consent. | 666 |
(c) If a medical claim, dental claim, chiropractic claim, or | 667 |
optometric claim, as defined in section 2305.113 of the Revised | 668 |
Code, an action for wrongful death, any other type of civil | 669 |
action, or a claim under Chapter 4123. of the Revised Code is | 670 |
filed by the patient, the personal representative of the estate of | 671 |
the patient if deceased, or the patient's guardian or other legal | 672 |
representative. | 673 |
(2) If the testimonial privilege described in division (J)(1) | 674 |
of this section does not apply as provided in division (J)(1)(c) | 675 |
of this section, a chiropractor may be compelled to testify or to | 676 |
submit to discovery under the Rules of Civil Procedure only as to | 677 |
a communication made to the chiropractor by the patient in | 678 |
question in that relation, or the chiropractor's advice to the | 679 |
patient in question, that related causally or historically to | 680 |
physical or mental injuries that are relevant to issues in the | 681 |
medical claim, dental claim, chiropractic claim, or optometric | 682 |
claim, action for wrongful death, other civil action, or claim | 683 |
under Chapter 4123. of the Revised Code. | 684 |
(3) The testimonial privilege established under this division | 685 |
does not apply, and a chiropractor may testify or be compelled to | 686 |
testify, in any criminal action or administrative proceeding. | 687 |
(4) As used in this division, "communication" means | 688 |
acquiring, recording, or transmitting any information, in any | 689 |
manner, concerning any facts, opinions, or statements necessary to | 690 |
enable a chiropractor to diagnose, treat, or act for a patient. A | 691 |
communication may include, but is not limited to, any | 692 |
chiropractic, office, or hospital communication such as a record, | 693 |
chart, letter, memorandum, laboratory test and results, x-ray, | 694 |
photograph, financial statement, diagnosis, or prognosis. | 695 |
(K)(1) Except as provided under division (K)(2) of this | 696 |
section, a critical incident stress management team member | 697 |
concerning a communication received from an individual who | 698 |
receives crisis response services from the team member, or the | 699 |
team member's advice to the individual, during a debriefing | 700 |
session. | 701 |
(2) The testimonial privilege established under division | 702 |
(K)(1) of this section does not apply if any of the following are | 703 |
true: | 704 |
(a) The communication or advice indicates clear and present | 705 |
danger to the individual who receives crisis response services or | 706 |
to other persons. For purposes of this division, cases in which | 707 |
there are indications of present or past child abuse or neglect of | 708 |
the individual constitute a clear and present danger. | 709 |
(b) The individual who received crisis response services | 710 |
gives express consent to the testimony. | 711 |
(c) If the individual who received crisis response services | 712 |
is deceased, the surviving spouse or the executor or administrator | 713 |
of the estate of the deceased individual gives express consent. | 714 |
(d) The individual who received crisis response services | 715 |
voluntarily testifies, in which case the team member may be | 716 |
compelled to testify on the same subject. | 717 |
(e) The court in camera determines that the information | 718 |
communicated by the individual who received crisis response | 719 |
services is not germane to the relationship between the individual | 720 |
and the team member. | 721 |
(f) The communication or advice pertains or is related to any | 722 |
criminal act. | 723 |
(3) As used in division (K) of this section: | 724 |
(a) "Crisis response services" means consultation, risk | 725 |
assessment, referral, and on-site crisis intervention services | 726 |
provided by a critical incident stress management team to | 727 |
individuals affected by crisis or disaster. | 728 |
(b) "Critical incident stress management team member" or | 729 |
"team member" means an individual specially trained to provide | 730 |
crisis response services as a member of an organized community or | 731 |
local crisis response team that holds membership in the Ohio | 732 |
critical incident stress management network. | 733 |
(c) "Debriefing session" means a session at which crisis | 734 |
response services are rendered by a critical incident stress | 735 |
management team member during or after a crisis or disaster. | 736 |
(L)(1) Subject to division (L)(2) of this section and except | 737 |
as provided in division (L)(3) of this section, an employee | 738 |
assistance professional, concerning a communication made to the | 739 |
employee assistance professional by a client in the employee | 740 |
assistance professional's official capacity as an employee | 741 |
assistance professional. | 742 |
(2) Division (L)(1) of this section applies to an employee | 743 |
assistance professional who meets either or both of the following | 744 |
requirements: | 745 |
(a) Is certified by the employee assistance certification | 746 |
commission to engage in the employee assistance profession; | 747 |
(b) Has education, training, and experience in all of the | 748 |
following: | 749 |
(i) Providing workplace-based services designed to address | 750 |
employer and employee productivity issues; | 751 |
(ii) Providing assistance to employees and employees' | 752 |
dependents in identifying and finding the means to resolve | 753 |
personal problems that affect the employees or the employees' | 754 |
performance; | 755 |
(iii) Identifying and resolving productivity problems | 756 |
associated with an employee's concerns about any of the following | 757 |
matters: health, marriage, family, finances, substance abuse or | 758 |
other addiction, workplace, law, and emotional issues; | 759 |
(iv) Selecting and evaluating available community resources; | 760 |
(v) Making appropriate referrals; | 761 |
(vi) Local and national employee assistance agreements; | 762 |
(vii) Client confidentiality. | 763 |
(3) Division (L)(1) of this section does not apply to any of | 764 |
the following: | 765 |
(a) A criminal action or proceeding involving an offense | 766 |
under sections 2903.01 to 2903.06 of the Revised Code if the | 767 |
employee assistance professional's disclosure or testimony relates | 768 |
directly to the facts or immediate circumstances of the offense; | 769 |
(b) A communication made by a client to an employee | 770 |
assistance professional that reveals the contemplation or | 771 |
commission of a crime or serious, harmful act; | 772 |
(c) A communication that is made by a client who is an | 773 |
unemancipated minor or an adult adjudicated to be incompetent and | 774 |
indicates that the client was the victim of a crime or abuse; | 775 |
(d) A civil proceeding to determine an individual's mental | 776 |
competency or a criminal action in which a plea of not guilty by | 777 |
reason of insanity is entered; | 778 |
(e) A civil or criminal malpractice action brought against | 779 |
the employee assistance professional; | 780 |
(f) When the employee assistance professional has the express | 781 |
consent of the client or, if the client is deceased or disabled, | 782 |
the client's legal representative; | 783 |
(g) When the testimonial privilege otherwise provided by | 784 |
division (L)(1) of this section is abrogated under law. | 785 |
Sec. 2917.21. (A) No person shall knowingly make or cause to | 786 |
be made a telecommunication, or knowingly permit a | 787 |
telecommunication to be made from a telecommunications device | 788 |
under the person's control, to another, if the caller does any of | 789 |
the following: | 790 |
(1) Fails to identify the caller to the recipient of the | 791 |
telecommunication and makes the telecommunication with purpose to | 792 |
harass or abuse any person at the premises to which the | 793 |
telecommunication is made, whether or not actual communication | 794 |
takes place between the caller and a recipient; | 795 |
(2) Describes, suggests, requests, or proposes that the | 796 |
caller, the recipient of the telecommunication, or any other | 797 |
person engage in sexual activity, and the recipient or another | 798 |
person at the premises to which the telecommunication is made has | 799 |
requested, in a previous telecommunication or in the immediate | 800 |
telecommunication, that the caller not make a telecommunication to | 801 |
the recipient or to the premises to which the telecommunication is | 802 |
made; | 803 |
(3) During the telecommunication, violates section 2903.21 of | 804 |
the Revised Code; | 805 |
(4) Knowingly states to the recipient of the | 806 |
telecommunication that the caller intends to cause damage to or | 807 |
destroy public or private property, and the recipient, any member | 808 |
of the recipient's family, or any other person who resides at the | 809 |
premises to which the telecommunication is made owns, leases, | 810 |
resides, or works in, will at the time of the destruction or | 811 |
damaging be near or in, has the responsibility of protecting, or | 812 |
insures the property that will be destroyed or damaged; | 813 |
(5) Knowingly makes the telecommunication to the recipient of | 814 |
the telecommunication, to another person at the premises to which | 815 |
the telecommunication is made, or to those premises, and the | 816 |
recipient or another person at those premises previously has told | 817 |
the caller not to make a telecommunication to those premises or to | 818 |
any persons at those premises. | 819 |
(B) No person shall make or cause to be made a | 820 |
telecommunication, or permit a telecommunication to be made from a | 821 |
telecommunications device under the person's control, with purpose | 822 |
to abuse, threaten, or harass another person. | 823 |
(C)(1) Whoever violates this section is guilty of | 824 |
telecommunications harassment. | 825 |
(2) A violation of division (A)(1), (2), (3), or (5) or (B) | 826 |
of this section is a misdemeanor of the first degree on a first | 827 |
offense and a felony of the fifth degree on each subsequent | 828 |
offense. | 829 |
(3) Except as otherwise provided in division (C)(3) of this | 830 |
section, a violation of division (A)(4) of this section is a | 831 |
misdemeanor of the first degree on a first offense and a felony of | 832 |
the fifth degree on each subsequent offense. If a violation of | 833 |
division (A)(4) of this section results in economic harm of five | 834 |
hundred dollars or more but less than five thousand dollars, | 835 |
telecommunications harassment is a felony of the fifth degree. If | 836 |
a violation of division (A)(4) of this section results in economic | 837 |
harm of five thousand dollars or more but less than one hundred | 838 |
thousand dollars, telecommunications harassment is a felony of the | 839 |
fourth degree. If a violation of division (A)(4) of this section | 840 |
results in economic harm of one hundred thousand dollars or more, | 841 |
telecommunications harassment is a felony of the third degree. | 842 |
(D) No cause of action may be asserted in any court of this | 843 |
state against any provider of a telecommunications service or | 844 |
information service, or against any officer, employee, or agent of | 845 |
a telecommunication service or information service, for any | 846 |
injury, death, or loss to person or property that allegedly arises | 847 |
out of the provider's, officer's, employee's, or agent's provision | 848 |
of information, facilities, or assistance in accordance with the | 849 |
terms of a court order that is issued in relation to the | 850 |
investigation or prosecution of an alleged violation of this | 851 |
section | 852 |
telecommunications service or information service, or an officer, | 853 |
employee, or agent of a telecommunications service or information | 854 |
service, is immune from any civil or criminal liability for | 855 |
injury, death, or loss to person or property that allegedly arises | 856 |
out of the provider's, officer's, employee's, or agent's provision | 857 |
of information, facilities, or assistance in accordance with the | 858 |
terms of a court order that is issued in relation to the | 859 |
investigation or prosecution of an alleged violation of this | 860 |
section | 861 |
(E) As used in this section: | 862 |
(1) "Economic harm" means all direct, incidental, and | 863 |
consequential pecuniary harm suffered by a victim as a result of | 864 |
criminal conduct. "Economic harm" includes, but is not limited to, | 865 |
all of the following: | 866 |
(a) All wages, salaries, or other compensation lost as a | 867 |
result of the criminal conduct; | 868 |
(b) The cost of all wages, salaries, or other compensation | 869 |
paid to employees for time those employees are prevented from | 870 |
working as a result of the criminal conduct; | 871 |
(c) The overhead costs incurred for the time that a business | 872 |
is shut down as a result of the criminal conduct; | 873 |
(d) The loss of value to tangible or intangible property that | 874 |
was damaged as a result of the criminal conduct. | 875 |
(2) "Caller" means the person described in division (A) of | 876 |
this section who makes or causes to be made a telecommunication or | 877 |
who permits a telecommunication to be made from a | 878 |
telecommunications device under that person's control. | 879 |
(3) "Telecommunication" and "telecommunications device" have | 880 |
the same meanings as in section 2913.01 of the Revised Code. | 881 |
(4) "Sexual activity" has the same meaning as in section | 882 |
2907.01 of the Revised Code. | 883 |
(F) Nothing in this section prohibits a person from making a | 884 |
telecommunication to a debtor that is in compliance with the "Fair | 885 |
Debt Collection Practices Act," 91 Stat. 874 (1977), 15 U.S.C. | 886 |
1692, as amended, or the "Telephone Consumer Protection Act," 105 | 887 |
Stat. 2395 (1991), 47 U.S.C. 227, as amended. | 888 |
Sec. 2929.01. As used in this chapter: | 889 |
(A)(1) "Alternative residential facility" means, subject to | 890 |
division (A)(2) of this section, any facility other than an | 891 |
offender's home or residence in which an offender is assigned to | 892 |
live and that satisfies all of the following criteria: | 893 |
(a) It provides programs through which the offender may seek | 894 |
or maintain employment or may receive education, training, | 895 |
treatment, or habilitation. | 896 |
(b) It has received the appropriate license or certificate | 897 |
for any specialized education, training, treatment, habilitation, | 898 |
or other service that it provides from the government agency that | 899 |
is responsible for licensing or certifying that type of education, | 900 |
training, treatment, habilitation, or service. | 901 |
(2) "Alternative residential facility" does not include a | 902 |
community-based correctional facility, jail, halfway house, or | 903 |
prison. | 904 |
(B) "Basic probation supervision" means a requirement that | 905 |
the offender maintain contact with a person appointed to supervise | 906 |
the offender in accordance with sanctions imposed by the court or | 907 |
imposed by the parole board pursuant to section 2967.28 of the | 908 |
Revised Code. "Basic probation supervision" includes basic parole | 909 |
supervision and basic post-release control supervision. | 910 |
(C) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and | 911 |
"unit dose" have the same meanings as in section 2925.01 of the | 912 |
Revised Code. | 913 |
(D) "Community-based correctional facility" means a | 914 |
community-based correctional facility and program or district | 915 |
community-based correctional facility and program developed | 916 |
pursuant to sections 2301.51 to 2301.58 of the Revised Code. | 917 |
(E) "Community control sanction" means a sanction that is not | 918 |
a prison term and that is described in section 2929.15, 2929.16, | 919 |
2929.17, or 2929.18 of the Revised Code or a sanction that is not | 920 |
a jail term and that is described in section 2929.26, 2929.27, or | 921 |
2929.28 of the Revised Code. "Community control sanction" includes | 922 |
probation if the sentence involved was imposed for a felony that | 923 |
was committed prior to July 1, 1996, or if the sentence involved | 924 |
was imposed for a misdemeanor that was committed prior to January | 925 |
1, 2004. | 926 |
(F) "Controlled substance," "marihuana," "schedule I," and | 927 |
"schedule II" have the same meanings as in section 3719.01 of the | 928 |
Revised Code. | 929 |
(G) "Curfew" means a requirement that an offender during a | 930 |
specified period of time be at a designated place. | 931 |
(H) "Day reporting" means a sanction pursuant to which an | 932 |
offender is required each day to report to and leave a center or | 933 |
other approved reporting location at specified times in order to | 934 |
participate in work, education or training, treatment, and other | 935 |
approved programs at the center or outside the center. | 936 |
(I) "Deadly weapon" has the same meaning as in section | 937 |
2923.11 of the Revised Code. | 938 |
(J) "Drug and alcohol use monitoring" means a program under | 939 |
which an offender agrees to submit to random chemical analysis of | 940 |
the offender's blood, breath, or urine to determine whether the | 941 |
offender has ingested any alcohol or other drugs. | 942 |
(K) "Drug treatment program" means any program under which a | 943 |
person undergoes assessment and treatment designed to reduce or | 944 |
completely eliminate the person's physical or emotional reliance | 945 |
upon alcohol, another drug, or alcohol and another drug and under | 946 |
which the person may be required to receive assessment and | 947 |
treatment on an outpatient basis or may be required to reside at a | 948 |
facility other than the person's home or residence while | 949 |
undergoing assessment and treatment. | 950 |
(L) "Economic loss" means any economic detriment suffered by | 951 |
a victim as a direct and proximate result of the commission of an | 952 |
offense and includes any loss of income due to lost time at work | 953 |
because of any injury caused to the victim, and any property loss, | 954 |
medical cost, or funeral expense incurred as a result of the | 955 |
commission of the offense. "Economic loss" does not include | 956 |
non-economic loss or any punitive or exemplary damages. | 957 |
(M) "Education or training" includes study at, or in | 958 |
conjunction with a program offered by, a university, college, or | 959 |
technical college or vocational study and also includes the | 960 |
completion of primary school, secondary school, and literacy | 961 |
curricula or their equivalent. | 962 |
(N) "Firearm" has the same meaning as in section 2923.11 of | 963 |
the Revised Code. | 964 |
(O) "Halfway house" means a facility licensed by the division | 965 |
of parole and community services of the department of | 966 |
rehabilitation and correction pursuant to section 2967.14 of the | 967 |
Revised Code as a suitable facility for the care and treatment of | 968 |
adult offenders. | 969 |
(P) "House arrest" means a period of confinement of an | 970 |
offender that is in the offender's home or in other premises | 971 |
specified by the sentencing court or by the parole board pursuant | 972 |
to section 2967.28 of the Revised Code and during which all of the | 973 |
following apply: | 974 |
(1) The offender is required to remain in the offender's home | 975 |
or other specified premises for the specified period of | 976 |
confinement, except for periods of time during which the offender | 977 |
is at the offender's place of employment or at other premises as | 978 |
authorized by the sentencing court or by the parole board. | 979 |
(2) The offender is required to report periodically to a | 980 |
person designated by the court or parole board. | 981 |
(3) The offender is subject to any other restrictions and | 982 |
requirements that may be imposed by the sentencing court or by the | 983 |
parole board. | 984 |
(Q) "Intensive probation supervision" means a requirement | 985 |
that an offender maintain frequent contact with a person appointed | 986 |
by the court, or by the parole board pursuant to section 2967.28 | 987 |
of the Revised Code, to supervise the offender while the offender | 988 |
is seeking or maintaining necessary employment and participating | 989 |
in training, education, and treatment programs as required in the | 990 |
court's or parole board's order. "Intensive probation supervision" | 991 |
includes intensive parole supervision and intensive post-release | 992 |
control supervision. | 993 |
(R) "Jail" means a jail, workhouse, minimum security jail, or | 994 |
other residential facility used for the confinement of alleged or | 995 |
convicted offenders that is operated by a political subdivision or | 996 |
a combination of political subdivisions of this state. | 997 |
(S) "Jail term" means the term in a jail that a sentencing | 998 |
court imposes or is authorized to impose pursuant to section | 999 |
2929.24 or 2929.25 of the Revised Code or pursuant to any other | 1000 |
provision of the Revised Code that authorizes a term in a jail for | 1001 |
a misdemeanor conviction. | 1002 |
(T) "Mandatory jail term" means the term in a jail that a | 1003 |
sentencing court is required to impose pursuant to division (G) of | 1004 |
section 1547.99 of the Revised Code, division (E) of section | 1005 |
2903.06 or division (D) of section 2903.08 of the Revised Code, | 1006 |
division (E) or (G) of section 2929.24 of the Revised Code, | 1007 |
division (B) of section 4510.14 of the Revised Code, or division | 1008 |
(G) of section 4511.19 of the Revised Code or pursuant to any | 1009 |
other provision of the Revised Code that requires a term in a jail | 1010 |
for a misdemeanor conviction. | 1011 |
(U) "Delinquent child" has the same meaning as in section | 1012 |
2152.02 of the Revised Code. | 1013 |
(V) "License violation report" means a report that is made by | 1014 |
a sentencing court, or by the parole board pursuant to section | 1015 |
2967.28 of the Revised Code, to the regulatory or licensing board | 1016 |
or agency that issued an offender a professional license or a | 1017 |
license or permit to do business in this state and that specifies | 1018 |
that the offender has been convicted of or pleaded guilty to an | 1019 |
offense that may violate the conditions under which the offender's | 1020 |
professional license or license or permit to do business in this | 1021 |
state was granted or an offense for which the offender's | 1022 |
professional license or license or permit to do business in this | 1023 |
state may be revoked or suspended. | 1024 |
(W) "Major drug offender" means an offender who is convicted | 1025 |
of or pleads guilty to the possession of, sale of, or offer to | 1026 |
sell any drug, compound, mixture, preparation, or substance that | 1027 |
consists of or contains at least one thousand grams of hashish; at | 1028 |
least one hundred grams of crack cocaine; at least one thousand | 1029 |
grams of cocaine that is not crack cocaine; at least two thousand | 1030 |
five hundred unit doses or two hundred fifty grams of heroin; at | 1031 |
least five thousand unit doses of L.S.D. or five hundred grams of | 1032 |
L.S.D. in a liquid concentrate, liquid extract, or liquid | 1033 |
distillate form; or at least one hundred times the amount of any | 1034 |
other schedule I or II controlled substance other than marihuana | 1035 |
that is necessary to commit a felony of the third degree pursuant | 1036 |
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised | 1037 |
Code that is based on the possession of, sale of, or offer to sell | 1038 |
the controlled substance. | 1039 |
(X) "Mandatory prison term" means any of the following: | 1040 |
(1) Subject to division (X)(2) of this section, the term in | 1041 |
prison that must be imposed for the offenses or circumstances set | 1042 |
forth in divisions (F)(1) to (8) or (F)(12) to (18) of section | 1043 |
2929.13 and division (D) of section 2929.14 of the Revised Code. | 1044 |
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05, | 1045 |
and 2925.11 of the Revised Code, unless the maximum or another | 1046 |
specific term is required under section 2929.14 or 2929.142 of the | 1047 |
Revised Code, a mandatory prison term described in this division | 1048 |
may be any prison term authorized for the level of offense. | 1049 |
(2) The term of sixty or one hundred twenty days in prison | 1050 |
that a sentencing court is required to impose for a third or | 1051 |
fourth degree felony OVI offense pursuant to division (G)(2) of | 1052 |
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19 | 1053 |
of the Revised Code or the term of one, two, three, four, or five | 1054 |
years in prison that a sentencing court is required to impose | 1055 |
pursuant to division (G)(2) of section 2929.13 of the Revised | 1056 |
Code. | 1057 |
(3) The term in prison imposed pursuant to division (A) of | 1058 |
section 2971.03 of the Revised Code for the offenses and in the | 1059 |
circumstances described in division (F)(11) of section 2929.13 of | 1060 |
the Revised Code or pursuant to division (B)(1)(a), (b), or (c), | 1061 |
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section | 1062 |
2971.03 of the Revised Code and that term as modified or | 1063 |
terminated pursuant to section 2971.05 of the Revised Code. | 1064 |
(Y) "Monitored time" means a period of time during which an | 1065 |
offender continues to be under the control of the sentencing court | 1066 |
or parole board, subject to no conditions other than leading a | 1067 |
law-abiding life. | 1068 |
(Z) "Offender" means a person who, in this state, is | 1069 |
convicted of or pleads guilty to a felony or a misdemeanor. | 1070 |
(AA) "Prison" means a residential facility used for the | 1071 |
confinement of convicted felony offenders that is under the | 1072 |
control of the department of rehabilitation and correction but | 1073 |
does not include a violation sanction center operated under | 1074 |
authority of section 2967.141 of the Revised Code. | 1075 |
(BB) "Prison term" includes either of the following sanctions | 1076 |
for an offender: | 1077 |
(1) A stated prison term; | 1078 |
(2) A term in a prison shortened by, or with the approval of, | 1079 |
the sentencing court pursuant to section 2929.20, 2967.26, | 1080 |
5120.031, 5120.032, or 5120.073 of the Revised Code. | 1081 |
(CC) "Repeat violent offender" means a person about whom both | 1082 |
of the following apply: | 1083 |
(1) The person is being sentenced for committing or for | 1084 |
complicity in committing any of the following: | 1085 |
(a) Aggravated murder, murder, any felony of the first or | 1086 |
second degree that is an offense of violence, or an attempt to | 1087 |
commit any of these offenses if the attempt is a felony of the | 1088 |
first or second degree; | 1089 |
(b) An offense under an existing or former law of this state, | 1090 |
another state, or the United States that is or was substantially | 1091 |
equivalent to an offense described in division (CC)(1)(a) of this | 1092 |
section. | 1093 |
(2) The person previously was convicted of or pleaded guilty | 1094 |
to an offense described in division (CC)(1)(a) or (b) of this | 1095 |
section. | 1096 |
(DD) "Sanction" means any penalty imposed upon an offender | 1097 |
who is convicted of or pleads guilty to an offense, as punishment | 1098 |
for the offense. "Sanction" includes any sanction imposed pursuant | 1099 |
to any provision of sections 2929.14 to 2929.18 or 2929.24 to | 1100 |
2929.28 of the Revised Code. | 1101 |
(EE) "Sentence" means the sanction or combination of | 1102 |
sanctions imposed by the sentencing court on an offender who is | 1103 |
convicted of or pleads guilty to an offense. | 1104 |
(FF) "Stated prison term" means the prison term, mandatory | 1105 |
prison term, or combination of all prison terms and mandatory | 1106 |
prison terms imposed by the sentencing court pursuant to section | 1107 |
2929.14, 2929.142, or 2971.03 of the Revised Code or under section | 1108 |
2919.25 of the Revised Code. "Stated prison term" includes any | 1109 |
credit received by the offender for time spent in jail awaiting | 1110 |
trial, sentencing, or transfer to prison for the offense and any | 1111 |
time spent under house arrest or house arrest with electronic | 1112 |
monitoring imposed after earning credits pursuant to section | 1113 |
2967.193 of the Revised Code. | 1114 |
(GG) "Victim-offender mediation" means a reconciliation or | 1115 |
mediation program that involves an offender and the victim of the | 1116 |
offense committed by the offender and that includes a meeting in | 1117 |
which the offender and the victim may discuss the offense, discuss | 1118 |
restitution, and consider other sanctions for the offense. | 1119 |
(HH) "Fourth degree felony OVI offense" means a violation of | 1120 |
division (A) of section 4511.19 of the Revised Code that, under | 1121 |
division (G) of that section, is a felony of the fourth degree. | 1122 |
(II) "Mandatory term of local incarceration" means the term | 1123 |
of sixty or one hundred twenty days in a jail, a community-based | 1124 |
correctional facility, a halfway house, or an alternative | 1125 |
residential facility that a sentencing court may impose upon a | 1126 |
person who is convicted of or pleads guilty to a fourth degree | 1127 |
felony OVI offense pursuant to division (G)(1) of section 2929.13 | 1128 |
of the Revised Code and division (G)(1)(d) or (e) of section | 1129 |
4511.19 of the Revised Code. | 1130 |
(JJ) "Designated homicide, assault, or kidnapping offense," | 1131 |
"violent sex offense," "sexual motivation specification," | 1132 |
"sexually violent offense," "sexually violent predator," and | 1133 |
"sexually violent predator specification" have the same meanings | 1134 |
as in section 2971.01 of the Revised Code. | 1135 |
(KK) "Sexually oriented offense," "child-victim oriented | 1136 |
offense," and "tier III sex offender/child-victim offender," have | 1137 |
the same meanings as in section 2950.01 of the Revised Code. | 1138 |
(LL) An offense is "committed in the vicinity of a child" if | 1139 |
the offender commits the offense within thirty feet of or within | 1140 |
the same residential unit as a child who is under eighteen years | 1141 |
of age, regardless of whether the offender knows the age of the | 1142 |
child or whether the offender knows the offense is being committed | 1143 |
within thirty feet of or within the same residential unit as the | 1144 |
child and regardless of whether the child actually views the | 1145 |
commission of the offense. | 1146 |
(MM) "Family or household member" has the same meaning as in | 1147 |
section 2919.25 of the Revised Code. | 1148 |
(NN) "Motor vehicle" and "manufactured home" have the same | 1149 |
meanings as in section 4501.01 of the Revised Code. | 1150 |
(OO) "Detention" and "detention facility" have the same | 1151 |
meanings as in section 2921.01 of the Revised Code. | 1152 |
(PP) "Third degree felony OVI offense" means a violation of | 1153 |
division (A) of section 4511.19 of the Revised Code that, under | 1154 |
division (G) of that section, is a felony of the third degree. | 1155 |
(QQ) "Random drug testing" has the same meaning as in section | 1156 |
5120.63 of the Revised Code. | 1157 |
(RR) "Felony sex offense" has the same meaning as in section | 1158 |
2967.28 of the Revised Code. | 1159 |
(SS) "Body armor" has the same meaning as in section | 1160 |
2941.1411 of the Revised Code. | 1161 |
(TT) "Electronic monitoring" means monitoring through the use | 1162 |
of an electronic monitoring device. | 1163 |
(UU) "Electronic monitoring device" means any of the | 1164 |
following: | 1165 |
(1) Any device that can be operated by electrical or battery | 1166 |
power and that conforms with all of the following: | 1167 |
(a) The device has a transmitter that can be attached to a | 1168 |
person, that will transmit a specified signal to a receiver of the | 1169 |
type described in division (UU)(1)(b) of this section if the | 1170 |
transmitter is removed from the person, turned off, or altered in | 1171 |
any manner without prior court approval in relation to electronic | 1172 |
monitoring or without prior approval of the department of | 1173 |
rehabilitation and correction in relation to the use of an | 1174 |
electronic monitoring device for an inmate on transitional control | 1175 |
or otherwise is tampered with, that can transmit continuously and | 1176 |
periodically a signal to that receiver when the person is within a | 1177 |
specified distance from the receiver, and that can transmit an | 1178 |
appropriate signal to that receiver if the person to whom it is | 1179 |
attached travels a specified distance from that receiver. | 1180 |
(b) The device has a receiver that can receive continuously | 1181 |
the signals transmitted by a transmitter of the type described in | 1182 |
division (UU)(1)(a) of this section, can transmit continuously | 1183 |
those signals by a wireless or landline telephone connection to a | 1184 |
central monitoring computer of the type described in division | 1185 |
(UU)(1)(c) of this section, and can transmit continuously an | 1186 |
appropriate signal to that central monitoring computer if the | 1187 |
1188 | |
court approval or otherwise tampered with. The device is designed | 1189 |
specifically for use in electronic monitoring, is not a converted | 1190 |
wireless phone or another tracking device that is clearly not | 1191 |
designed for electronic monitoring, and provides a means of | 1192 |
text-based or voice communication with the person. | 1193 |
(c) The device has a central monitoring computer that can | 1194 |
receive continuously the signals transmitted by a wireless or | 1195 |
landline telephone connection by a receiver of the type described | 1196 |
in division (UU)(1)(b) of this section and can monitor | 1197 |
continuously the person to whom an electronic monitoring device of | 1198 |
the type described in division (UU)(1)(a) of this section is | 1199 |
attached. | 1200 |
(2) Any device that is not a device of the type described in | 1201 |
division (UU)(1) of this section and that conforms with all of the | 1202 |
following: | 1203 |
(a) The device includes a transmitter and receiver that can | 1204 |
monitor and determine the location of a subject person at any | 1205 |
time, or at a designated point in time, through the use of a | 1206 |
central monitoring computer or through other electronic means. | 1207 |
(b) The device includes a transmitter and receiver that can | 1208 |
determine at any time, or at a designated point in time, through | 1209 |
the use of a central monitoring computer or other electronic means | 1210 |
the fact that the transmitter is turned off or altered in any | 1211 |
manner without prior approval of the court in relation to the | 1212 |
electronic monitoring or without prior approval of the department | 1213 |
of rehabilitation and correction in relation to the use of an | 1214 |
electronic monitoring device for an inmate on transitional control | 1215 |
or otherwise is tampered with. | 1216 |
(3) Any type of technology that can adequately track or | 1217 |
determine the location of a subject person at any time and that is | 1218 |
approved by the director of rehabilitation and correction, | 1219 |
including, but not limited to, any satellite technology, voice | 1220 |
tracking system, or retinal scanning system that is so approved. | 1221 |
(VV) "Non-economic loss" means nonpecuniary harm suffered by | 1222 |
a victim of an offense as a result of or related to the commission | 1223 |
of the offense, including, but not limited to, pain and suffering; | 1224 |
loss of society, consortium, companionship, care, assistance, | 1225 |
attention, protection, advice, guidance, counsel, instruction, | 1226 |
training, or education; mental anguish; and any other intangible | 1227 |
loss. | 1228 |
(WW) "Prosecutor" has the same meaning as in section 2935.01 | 1229 |
of the Revised Code. | 1230 |
(XX) "Continuous alcohol monitoring" means the ability to | 1231 |
automatically test and periodically transmit alcohol consumption | 1232 |
levels and tamper attempts at least every hour, regardless of the | 1233 |
location of the person who is being monitored. | 1234 |
(YY) A person is "adjudicated a sexually violent predator" if | 1235 |
the person is convicted of or pleads guilty to a violent sex | 1236 |
offense and also is convicted of or pleads guilty to a sexually | 1237 |
violent predator specification that was included in the | 1238 |
indictment, count in the indictment, or information charging that | 1239 |
violent sex offense or if the person is convicted of or pleads | 1240 |
guilty to a designated homicide, assault, or kidnapping offense | 1241 |
and also is convicted of or pleads guilty to both a sexual | 1242 |
motivation specification and a sexually violent predator | 1243 |
specification that were included in the indictment, count in the | 1244 |
indictment, or information charging that designated homicide, | 1245 |
assault, or kidnapping offense. | 1246 |
(ZZ) An offense is "committed in proximity to a school" if | 1247 |
the offender commits the offense in a school safety zone or within | 1248 |
five hundred feet of any school building or the boundaries of any | 1249 |
school premises, regardless of whether the offender knows the | 1250 |
offense is being committed in a school safety zone or within five | 1251 |
hundred feet of any school building or the boundaries of any | 1252 |
school premises. | 1253 |
(AAA) "Human trafficking" means a scheme or plan to which all | 1254 |
of the following apply: | 1255 |
(1) Its object is to compel a victim or victims to engage in | 1256 |
sexual activity for hire, to engage in a performance that is | 1257 |
obscene, sexually oriented, or nudity oriented, or to be a model | 1258 |
or participant in the production of material that is obscene, | 1259 |
sexually oriented, or nudity oriented. | 1260 |
(2) It involves at least two felony offenses, whether or not | 1261 |
there has been a prior conviction for any of the felony offenses, | 1262 |
to which all of the following apply: | 1263 |
(a) Each of the felony offenses is a violation of section | 1264 |
2905.01, 2905.02, 2907.21, 2907.22, or 2923.32, division (A)(1) or | 1265 |
(2) of section 2907.323, or division (B)(1), (2), (3), (4), or (5) | 1266 |
of section 2919.22 of the Revised Code or is a violation of a law | 1267 |
of any state other than this state that is substantially similar | 1268 |
to any of the sections or divisions of the Revised Code identified | 1269 |
in this division. | 1270 |
(b) At least one of the felony offenses was committed in this | 1271 |
state. | 1272 |
(c) The felony offenses are related to the same scheme or | 1273 |
plan, are not isolated instances, and are not so closely related | 1274 |
to each other and connected in time and place that they constitute | 1275 |
a single event or transaction. | 1276 |
(BBB) "Material," "nudity," "obscene," "performance," and | 1277 |
"sexual activity" have the same meanings as in section 2907.01 of | 1278 |
the Revised Code. | 1279 |
(CCC) "Material that is obscene, sexually oriented, or nudity | 1280 |
oriented" means any material that is obscene, that shows a person | 1281 |
participating or engaging in sexual activity, masturbation, or | 1282 |
bestiality, or that shows a person in a state of nudity. | 1283 |
(DDD) "Performance that is obscene, sexually oriented, or | 1284 |
nudity oriented" means any performance that is obscene, that shows | 1285 |
a person participating or engaging in sexual activity, | 1286 |
masturbation, or bestiality, or that shows a person in a state of | 1287 |
nudity. | 1288 |
Sec. 4901.01. As used in sections 4901.01 to 4901.24 | 1289 |
1290 |
(A) "Public utility" has the same meaning | 1291 |
section 4905.02 of the Revised Code. | 1292 |
(B) | 1293 |
1294 | |
1295 | |
1296 | |
1297 | |
1298 | |
1299 |
| 1300 |
4907.02 of the Revised Code. | 1301 |
| 1302 |
1303 |
| 1304 |
1305 | |
1306 |
| 1307 |
1308 | |
1309 |
Sec. 4901.02. (A) There is hereby created the public | 1310 |
utilities commission of Ohio, by which name the commission may sue | 1311 |
and be sued. The commission shall consist of five public utilities | 1312 |
commissioners appointed by the governor with the advice and | 1313 |
consent of the senate. The governor shall designate one of such | 1314 |
commissioners to be the | 1315 |
The | 1316 |
chairperson at the governor's pleasure. The commissioners shall be | 1317 |
selected from the lists of qualified persons submitted to the | 1318 |
governor by the public utilities commission nominating council | 1319 |
pursuant to section 4901.021 of the | 1320 |
more than three of said commissioners shall belong to or be | 1321 |
affiliated with the same political party. The commission shall | 1322 |
possess the powers and duties specified in, as well as all powers | 1323 |
necessary and proper to carry out the purposes of Chapters 4901., | 1324 |
4903., 4905., 4907., 4909., 4921., | 1325 |
Revised Code. | 1326 |
(B) A majority of the public utilities commissioners | 1327 |
constitutes a quorum. | 1328 |
(C) The terms of office of public utilities commissioners | 1329 |
shall be for five years, commencing on the eleventh day of April | 1330 |
and ending on the tenth day of April, except that terms of the | 1331 |
first commissioners shall be for one, two, three, four, and five | 1332 |
years, respectively, as designated by the governor at the time of | 1333 |
appointment. Each commissioner shall hold office from the date of | 1334 |
1335 | |
commissioner was appointed. Any commissioner appointed to fill a | 1336 |
vacancy occurring prior to the expiration of the term for which | 1337 |
the commissioner was appointed shall hold office for the remainder | 1338 |
of such term. Any commissioner shall continue in office subsequent | 1339 |
to the expiration date of the term for which | 1340 |
was appointed until | 1341 |
or until a period of sixty days has elapsed, whichever occurs | 1342 |
first. Each vacancy shall be filled by appointment within sixty | 1343 |
days after the vacancy occurs. | 1344 |
(D) Public utilities commissioners shall have at least three | 1345 |
years of experience in one or more of the following fields: | 1346 |
economics, law, finance, accounting, engineering, physical or | 1347 |
natural sciences, natural resources, or environmental studies. At | 1348 |
least one commissioner shall be an attorney admitted to the | 1349 |
practice of law in any state or the District of Columbia. | 1350 |
(E) The | 1351 |
head of the commission and its chief executive officer. The | 1352 |
appointment or removal of employees of the commission or any | 1353 |
division thereof, and all contracts for special service, are | 1354 |
subject to the approval of the | 1355 |
chairperson shall designate one of the commissioners to act as | 1356 |
deputy | 1357 |
or disability of the | 1358 |
the | 1359 |
Sec. 4901.11. The public utilities commission may procure | 1360 |
all necessary books, maps, charts, stationery, instruments, office | 1361 |
furniture, apparatus, and appliances, including telephone | 1362 |
1363 | |
commission blank forms for the use of railroads and other | 1364 |
utilities in making their annual reports, necessary for the proper | 1365 |
administration of the affairs of | 1366 |
commission, which expenses shall be audited and paid in the same | 1367 |
manner as other expenses. | 1368 |
Sec. 4901.15. The public utilities commission shall, | 1369 |
whenever called upon by any officer, board, or commission of this | 1370 |
state or any political subdivision of this state, furnish any data | 1371 |
or information to such officer, board, or commission and shall aid | 1372 |
or assist any such officer, board, or commission in performing | 1373 |
official duties | 1374 |
commissions of this state or any political subdivision of this | 1375 |
state | 1376 |
information | 1377 |
of the duties imposed upon it by Chapters 4901., 4903., 4905., | 1378 |
4907., 4909., 4921., 4923., and | 1379 |
Sec. 4901.22. Each of the public utilities commissioners, | 1380 |
for the purposes mentioned in Chapters 4901., 4903., 4905., 4907., | 1381 |
4909., 4921., 4923., and
| 1382 |
administer oaths, certify to official acts, issue subpoenas, and | 1383 |
compel the attendance of witnesses and the production of papers, | 1384 |
waybills, books, accounts, documents, and testimony. | 1385 |
Sec. 4903.01. As used in sections 4903.01 to 4903.25 | 1386 |
1387 |
(A) "Public utility" has the same meaning | 1388 |
section 4905.02 of the Revised Code. | 1389 |
(B) | 1390 |
1391 | |
1392 | |
1393 | |
1394 | |
1395 | |
1396 |
| 1397 |
4907.02 of the Revised Code. | 1398 |
| 1399 |
1400 |
| 1401 |
1402 | |
1403 |
| 1404 |
1405 | |
1406 |
Sec. 4903.20. All actions and proceedings in the supreme | 1407 |
court under Chapters 4901., 4903., 4905., 4906., 4907., 4909., | 1408 |
4921., | 1409 |
of proceedings to which the public utilities commission, power | 1410 |
siting board, or this state is a party, and in which any question | 1411 |
arises under
| 1412 |
or decision of the commission or the board, to reverse, vacate, or | 1413 |
modify an order of the commission or the board, shall be taken up | 1414 |
and disposed of by the court out of their order on the docket. | 1415 |
Sec. 4903.22. Except when otherwise provided by law, all | 1416 |
processes in actions and proceedings in a court arising under | 1417 |
Chapters 4901., 4903., 4905., 4906., 4907., 4909., 4921., 4923., | 1418 |
and | 1419 |
practice and rules of evidence in such actions and proceedings | 1420 |
shall be the same, as in civil actions. A sheriff or other officer | 1421 |
empowered to execute civil processes shall execute process issued | 1422 |
under | 1423 |
prescribed by law for like services. | 1424 |
Sec. 4903.23. The public utilities commission or power | 1425 |
siting board may charge and collect a fee, which shall not exceed | 1426 |
cost, for furnishing any copy of any paper, record, testimony, or | 1427 |
writing made, taken, or filed under Chapters 4901., 4903., 4905., | 1428 |
4906., 4907., 4909., 4921., | 1429 |
Code, except such transcript and other papers as are required to | 1430 |
be filed in any court proceedings authorized in | 1431 |
chapters, whether under seal and certified to or otherwise; and | 1432 |
may charge and collect a fee for certifying a document, which | 1433 |
shall not exceed that charged by the secretary of state under | 1434 |
division (K) of section 111.16 of the Revised Code. All such fees, | 1435 |
itemized, shall be paid into the state treasury on the first day | 1436 |
of each month. | 1437 |
Upon application of any person and payment of the proper fee, | 1438 |
the commission or board shall furnish certified copies under the | 1439 |
seal of the commission or board of any order made by it, which | 1440 |
order is prima-facie evidence in any court of the facts stated in | 1441 |
such copies. The copies of schedules, classifications, and tariffs | 1442 |
of rates, tolls, prices, rentals, regulations, practices, | 1443 |
services, fares, and charges, and copies of all contracts, | 1444 |
agreements, and arrangements between public utilities and | 1445 |
railroads, or either, filed with the commission, and the | 1446 |
statistics, tables, and figures contained in the annual or other | 1447 |
reports of such companies made to the commission as required by | 1448 |
1449 | |
custody of the commission and shall be received as prima-facie | 1450 |
evidence of what they purport to be, for the purpose of | 1451 |
investigations and prosecutions by the commission and in all | 1452 |
judicial proceedings. Copies of and extracts from any of such | 1453 |
schedules, classifications, tariffs, contracts, agreements, | 1454 |
arrangements, or reports, made public records, certified by the | 1455 |
commission under its seal, shall be received in evidence with like | 1456 |
effect as the originals. | 1457 |
Sec. 4905.01. As used in this chapter: | 1458 |
(A) "Railroad" has the same meaning | 1459 |
4907.02 of the Revised Code. | 1460 |
(B) "Motor transportation company" has the same meaning | 1461 |
1462 |
(C) "Trailer | 1463 |
1464 | |
1465 |
(D) "Private motor carrier | 1466 |
1467 | |
same meanings | 1468 |
(E) "Ohio coal research and development costs" means all | 1469 |
reasonable costs associated with a facility or project undertaken | 1470 |
by a public utility for which a recommendation to allow the | 1471 |
recovery of costs associated therewith has been made under | 1472 |
division (B)(7) of section 1551.33 of the Revised Code, including, | 1473 |
but not limited to, capital costs, such as costs of debt and | 1474 |
equity; construction and operation costs; termination and | 1475 |
retirement costs; costs of feasibility and marketing studies | 1476 |
associated with the project; and the acquisition and delivery | 1477 |
costs of Ohio coal used in the project, less any expenditures of | 1478 |
grant moneys. | 1479 |
Sec. 4905.02. As used in this chapter, "public utility" | 1480 |
includes every corporation, company, copartnership, person, or | 1481 |
association, | 1482 |
foregoing, defined in section 4905.03 of the Revised Code, | 1483 |
including | 1484 |
1485 | |
following: | 1486 |
(A) | 1487 |
1488 |
(B) | 1489 |
1490 | |
and solely for the
| 1491 |
consumer or group of consumers purchasing, delivering, storing, or | 1492 |
transporting, or seeking to purchase, deliver, store, or | 1493 |
transport, natural gas exclusively by and solely for the | 1494 |
consumer's or consumers' own intended use as the end user or end | 1495 |
users and not for profit; | 1496 |
(C) | 1497 |
operated by any municipal corporation; | 1498 |
(D) | 1499 |
4907.03 of the Revised Code; | 1500 |
(E) Any provider, including a telephone company, with respect | 1501 |
to its provision of any of the following: | 1502 |
(1) Advanced services as defined in 47 C.F.R. 51.5; | 1503 |
(2) Broadband service, however defined or classified by the | 1504 |
federal communications commission; | 1505 |
(3) Information service as defined in the "Telecommunications | 1506 |
Act of 1996," 110 Stat. 59, 47 U.S.C. 153(20); | 1507 |
(4) Internet protocol-enabled services as defined in section | 1508 |
4927.01 of the Revised Code; | 1509 |
(5) Subject to division (B) of section 4927.03 of the Revised | 1510 |
Code, any telecommunications service as defined in section 4927.01 | 1511 |
of the Revised Code to which both of the following apply: | 1512 |
(a) The service was not commercially available on the | 1513 |
effective date of the amendment of this section by H.B. 276 of the | 1514 |
128th general assembly. | 1515 |
(b) The service employs technology that became available for | 1516 |
commercial use only after the effective date of the amendment of | 1517 |
this section by H.B. 276 of the 128th general assembly. | 1518 |
Sec. 4905.03. As used in this chapter: | 1519 |
(A) Any person, firm, copartnership, voluntary association, | 1520 |
joint-stock association, company, or corporation, wherever | 1521 |
organized or incorporated, is: | 1522 |
(1) | 1523 |
1524 | |
1525 |
| 1526 |
transmitting telephonic messages to, from, through, or in this | 1527 |
state
| 1528 |
| 1529 |
business of carrying and transporting persons or property or the | 1530 |
business of providing or furnishing such transportation service, | 1531 |
for hire, in or by motor-propelled vehicles of any kind, including | 1532 |
trailers, for the public in general, over any public street, road, | 1533 |
or highway in this state, except as provided in section 4921.02 of | 1534 |
the Revised Code; | 1535 |
| 1536 |
business of supplying electricity for light, heat, or power | 1537 |
purposes to consumers within this state, including supplying | 1538 |
electric transmission service for electricity delivered to | 1539 |
consumers in this state, but excluding a regional transmission | 1540 |
organization approved by the federal energy regulatory commission; | 1541 |
| 1542 |
supplying artificial gas for lighting, power, or heating purposes | 1543 |
to consumers within this state or when engaged in the business of | 1544 |
supplying artificial gas to gas companies or to natural gas | 1545 |
companies within this state, but a producer engaged in supplying | 1546 |
to one or more gas or natural gas companies, only such artificial | 1547 |
gas as is manufactured by that producer as a by-product of some | 1548 |
other process in which the producer is primarily engaged within | 1549 |
this state is not thereby a gas company. All rates, rentals, | 1550 |
tolls, schedules, charges of any kind, or agreements between any | 1551 |
gas company and any other gas company or any natural gas company | 1552 |
providing for the supplying of artificial gas and for compensation | 1553 |
for the same are subject to the jurisdiction of the public | 1554 |
utilities commission. | 1555 |
| 1556 |
supplying natural gas for lighting, power, or heating purposes to | 1557 |
consumers within this state. Notwithstanding the above, neither | 1558 |
the delivery nor sale of Ohio-produced natural gas by a producer | 1559 |
or gatherer under a public utilities commission-ordered exemption, | 1560 |
adopted before, as to producers, or after, as to producers or | 1561 |
gatherers, January 1, 1996, or the delivery or sale of | 1562 |
Ohio-produced natural gas by a producer or gatherer of | 1563 |
Ohio-produced natural gas, either to a lessor under an oil and gas | 1564 |
lease of the land on which the producer's drilling unit is | 1565 |
located, or the grantor incident to a right-of-way or easement to | 1566 |
the producer or gatherer, shall cause the producer or gatherer to | 1567 |
be a natural gas company for the purposes of this section. | 1568 |
All rates, rentals, tolls, schedules, charges of any kind, or | 1569 |
agreements between a natural gas company and other natural gas | 1570 |
companies or gas companies providing for the supply of natural gas | 1571 |
and for compensation for the same are subject to the jurisdiction | 1572 |
of the public utilities commission. The commission, upon | 1573 |
application made to it, may relieve any producer or gatherer of | 1574 |
natural gas, defined in this section as a gas company or a natural | 1575 |
gas company, of compliance with the obligations imposed by this | 1576 |
chapter and Chapters 4901., 4903., 4907., 4909., 4921., and 4923. | 1577 |
of the Revised Code, so long as the producer or gatherer is not | 1578 |
affiliated with or under the control of a gas company or a natural | 1579 |
gas company engaged in the transportation or distribution of | 1580 |
natural gas, or so long as the producer or gatherer does not | 1581 |
engage in the distribution of natural gas to consumers. | 1582 |
Nothing in division (A) | 1583 |
authority of the commission to enforce sections 4905.90 to 4905.96 | 1584 |
of the Revised Code. | 1585 |
| 1586 |
transporting natural gas, oil, or coal or its derivatives through | 1587 |
pipes or tubing, either wholly or partly within this state; | 1588 |
| 1589 |
supplying water through pipes or tubing, or in a similar manner, | 1590 |
to consumers within this state; | 1591 |
| 1592 |
business of supplying water, steam, or air through pipes or tubing | 1593 |
to consumers within this state for heating or cooling purposes; | 1594 |
| 1595 |
supplying messengers for any purpose; | 1596 |
| 1597 |
business of operating as a common carrier, a railway, wholly or | 1598 |
partly within this state, with one or more tracks upon, along, | 1599 |
above, or below any public road, street, alleyway, or ground, | 1600 |
within any municipal corporation, operated by any motive power | 1601 |
other than steam and not a part of an interurban railroad, whether | 1602 |
the railway is termed street, inclined-plane, elevated, or | 1603 |
underground railway; | 1604 |
| 1605 |
business of operating as a common carrier, whether wholly or | 1606 |
partially within this state, a part of a street railway | 1607 |
constructed or extended beyond the limits of a municipal | 1608 |
corporation, and not a part of an interurban railroad; | 1609 |
| 1610 |
business of operating a railroad, wholly or partially within this | 1611 |
state, with one or more tracks from one municipal corporation or | 1612 |
point in this state to another municipal corporation or point in | 1613 |
this state, whether constructed upon the public highways or upon | 1614 |
private rights-of-way, outside of municipal corporations, using | 1615 |
electricity or other motive power than steam power for the | 1616 |
transportation of passengers, packages, express matter, United | 1617 |
States mail, baggage, and freight. Such an interurban railroad | 1618 |
company is included in the term "railroad" as used in section | 1619 |
4907.02 of the Revised Code. | 1620 |
| 1621 |
the business of sewage disposal services through pipes or tubing, | 1622 |
and treatment works, or in a similar manner, within this state. | 1623 |
(B) "Motor-propelled vehicle" means any automobile, | 1624 |
automobile truck, motor bus, or any other self-propelled vehicle | 1625 |
not operated or driven upon fixed rails or tracks. | 1626 |
Sec. 4905.04. | 1627 |
vested with the power and jurisdiction to supervise and regulate | 1628 |
public utilities and railroads, to require all public utilities to | 1629 |
furnish their products and render all services exacted by the | 1630 |
commission or by law, and to promulgate and enforce all orders | 1631 |
relating to the protection, welfare, and safety of railroad | 1632 |
employees and the traveling public, including the apportionment | 1633 |
between railroads and the state and its political subdivisions of | 1634 |
the cost of constructing protective devices at railroad grade | 1635 |
crossings. | 1636 |
| 1637 |
1638 | |
1639 | |
1640 | |
1641 |
Sec. 4905.09. A substantial compliance by the public | 1642 |
utilities commission with the requirements of Chapters 4901., | 1643 |
4903., 4905., 4907., 4909., 4921., 4923., and | 1644 |
Revised Code is sufficient to give effect to all its rules | 1645 |
orders | 1646 |
1647 | |
void for an omission of a technical nature | 1648 |
1649 | |
repeal any law fixing the rate | 1650 |
railroad may demand and receive for the transportation of | 1651 |
passengers. | 1652 |
Sec. 4905.12. A railroad company | 1653 |
that violates section 4905.10, 4907.13, or 4907.15 of the Revised | 1654 |
Code shall forfeit to the state one thousand dollars, and | 1655 |
twenty-five dollars for each day | 1656 |
with a requirement of any such | 1657 |
forfeiture does not release
| 1658 |
provided in section 4905.10 of the Revised Code. | 1659 |
Sec. 4905.14. (A)(1) Every public utility shall file an | 1660 |
annual report with the public utilities commission. The report | 1661 |
shall be filed at the time and in the form prescribed by the | 1662 |
commission, shall be duly verified, and shall cover the yearly | 1663 |
period fixed by the commission. The commission shall prescribe the | 1664 |
character of the information to be embodied in the annual report, | 1665 |
and shall furnish to each public utility a blank form for it. | 1666 |
Every public utility also shall file a copy of the annual report | 1667 |
with the office of the consumers' counsel; the copy shall be filed | 1668 |
at the same time that the original is filed with the commission. | 1669 |
If any annual report filed with the commission is defective or | 1670 |
erroneous, the commission may order that it be amended within a | 1671 |
prescribed time. Any amendments made pursuant to such an order | 1672 |
shall be filed with the commission and with the office of the | 1673 |
consumers' counsel. Each annual report filed with the commission | 1674 |
shall be preserved in the office of the commission. The commission | 1675 |
may, at any time, require specific answers to questions upon which | 1676 |
it desires information. | 1677 |
(2)(a) Except as provided in division (A)(2)(b) of this | 1678 |
section, in the case of a telephone company, including a wireless | 1679 |
service provider, the annual report shall be limited to | 1680 |
information necessary for the commission to calculate the | 1681 |
assessment provided for in section 4905.10 of the Revised Code. | 1682 |
The commission shall protect any confidential information in every | 1683 |
company and provider report. | 1684 |
(b) With respect to a telephone company subject to section | 1685 |
4905.71 of the Revised Code, the commission shall adopt rules that | 1686 |
require such a telephone company to also include in the annual | 1687 |
report information required by the commission to calculate pole | 1688 |
attachment and conduit occupancy rates and any other information | 1689 |
the commission determines necessary and requires by rule for the | 1690 |
commission to fulfill its responsibility under section 4905.71 of | 1691 |
the Revised Code. | 1692 |
(B) On the first day of July and the first day of November of | 1693 |
each year, each gas company and natural gas company shall file | 1694 |
with the commission a report in quintuplicate stating: | 1695 |
(1) The total demand, stated in terms of cubic feet, that the | 1696 |
company projects will be expected of the company for the following | 1697 |
twelve months; | 1698 |
(2) The pertinent details of supply contracts with pipeline | 1699 |
companies and producers for the following twelve months that they | 1700 |
have executed and the quantity of the gas that they will possess | 1701 |
in storage and will be available for delivery as of the first day | 1702 |
of July and the first day of November; | 1703 |
(3) Where it appears from a comparison of the information | 1704 |
reported in division (B)(1) of this section with that reported in | 1705 |
division (B)(2) of this section that the total demand projected by | 1706 |
the company for the twelve months following the date of the report | 1707 |
will exceed the ability of the company to furnish it, the means | 1708 |
which the company intends to employ in order to prevent any | 1709 |
interruption or curtailment of service. | 1710 |
| 1711 |
1712 | |
1713 | |
1714 | |
1715 | |
1716 |
Sec. 4905.16. When and as required by the public utilities | 1717 |
commission, every public utility shall file with it a copy of any | 1718 |
contract, agreement, or arrangement, in writing, with any other | 1719 |
public utility relating in any way to the construction, | 1720 |
maintenance, or use of its plant or property, or to any service, | 1721 |
rate, or charge. | 1722 |
| 1723 |
1724 | |
1725 | |
1726 |
Sec. 4905.18. Every public utility shall carry a proper and | 1727 |
adequate depreciation or deferred maintenance account, whenever | 1728 |
the public utilities commission, after investigation, determines | 1729 |
that a depreciation account can be reasonably required. The | 1730 |
commission shall ascertain, determine, and prescribe what are | 1731 |
proper and adequate charges for depreciation of the several | 1732 |
classes of property for each public utility. | 1733 |
1734 | |
1735 | |
1736 | |
1737 | |
for depreciation shall be such as will provide the amount required | 1738 |
over the cost and expense of maintenance to keep the property of | 1739 |
the public utility in a state of efficiency corresponding to the | 1740 |
progress of the art or industry. The commission may prescribe such | 1741 |
changes in such charges for depreciation as it finds necessary. | 1742 |
Sec. 4905.20. No railroad as defined in section 4907.02 of | 1743 |
the Revised Code, operating any railroad in this state, and no | 1744 |
public utility as defined in section 4905.02 of the Revised Code | 1745 |
furnishing service or facilities within this state, shall abandon | 1746 |
or be required to abandon or withdraw any main track or depot of a | 1747 |
railroad, or main pipe line, gas line, | 1748 |
1749 | |
line, or any portion thereof, pumping station, generating plant, | 1750 |
power station, sewage treatment plant, or service station of a | 1751 |
public utility, or the service rendered thereby | 1752 |
once been laid, constructed, opened, and used for public business, | 1753 |
nor shall any such facility be closed for traffic or service | 1754 |
thereon, therein, or thereover except as provided in section | 1755 |
4905.21 of the Revised Code. Any railroad or public utility | 1756 |
violating this section shall forfeit and pay into the state | 1757 |
treasury not less than one hundred dollars, nor more than one | 1758 |
thousand dollars, and shall be subject to all other legal and | 1759 |
equitable remedies for the enforcement of this section and section | 1760 |
4905.21 of the Revised Code. | 1761 |
Sec. 4905.21. Any railroad or any political subdivision | 1762 |
desiring to abandon, close, or have abandoned, withdrawn, or | 1763 |
closed for traffic or service all or any part of a main track or | 1764 |
depot, and any public utility or political subdivision desiring to | 1765 |
abandon or close, or have abandoned, withdrawn, or closed for | 1766 |
traffic or service all or any part of any line, pumping station, | 1767 |
generating plant, power station, sewage treatment plant, or | 1768 |
service station, referred to in section 4905.20 of the Revised | 1769 |
Code, shall make application to the public utilities commission in | 1770 |
writing. The commission shall thereupon cause reasonable notice of | 1771 |
the application to be given, stating the time and place fixed by | 1772 |
the commission for the hearing of the application. | 1773 |
Upon the hearing of the application, the commission shall | 1774 |
ascertain the facts and make its findings thereon, and if such | 1775 |
facts satisfy the commission that the proposed abandonment, | 1776 |
withdrawal, or closing for traffic or service is reasonable, | 1777 |
having due regard for the welfare of the public and the cost of | 1778 |
operating the service or facility, it may allow such abandonment, | 1779 |
withdrawal, or closing; otherwise it shall be denied, or if the | 1780 |
facts warrant, the application may be granted in a modified form. | 1781 |
If the application asks for the abandonment or withdrawal of any | 1782 |
main track, main pipe line, gas line, | 1783 |
1784 | |
line, pumping station, generating plant, power station, sewage | 1785 |
treatment plant, service station, or the service rendered thereby, | 1786 |
in such manner as can result in the permanent abandonment of | 1787 |
service between any two points on such railroad, or of service and | 1788 |
facilities of any such public utility, no application shall be | 1789 |
granted unless the railroad or public utility has operated the | 1790 |
track, pipe line, gas line,
| 1791 |
electric light line, water line, sewer line, steam pipe line, | 1792 |
pumping station, generating plant, power station, sewage treatment | 1793 |
plant, or service station for at least five years. | 1794 |
shall be given by publication in a newspaper of general | 1795 |
circulation throughout any county or municipal corporation | 1796 |
that has granted a franchise to the railroad or public utility, | 1797 |
under which the track, pipe line, gas line, | 1798 |
1799 | |
steam pipe line, pumping station, generating plant, power station, | 1800 |
sewage treatment plant, or service station is operated or in which | 1801 |
the same is located, once a week for two consecutive weeks before | 1802 |
the hearing of the application. Notice of the hearing shall be | 1803 |
given such county, municipal corporation, or public utility in the | 1804 |
manner provided for the service of orders of the commission in | 1805 |
section 4903.15 of the Revised Code. This section and section | 1806 |
4905.20 of the Revised Code do not apply to a gas company when it | 1807 |
is removing or exchanging abandoned field lines. | 1808 |
This section applies to all service now rendered and | 1809 |
facilities furnished or hereafter built and operated, and an order | 1810 |
of the commission authorizing the abandonment or withdrawal of any | 1811 |
such service or facility shall not affect rights and obligations | 1812 |
of a railroad or public utility beyond the scope of the order, | 1813 |
anything in its franchise to the contrary notwithstanding. | 1814 |
Sec. 4905.26. Upon complaint in writing against any public | 1815 |
utility by any person, firm, or corporation, or upon the | 1816 |
initiative or complaint of the public utilities commission, that | 1817 |
any rate, fare, charge, toll, rental, schedule, classification, or | 1818 |
service, or any joint rate, fare, charge, toll, rental, schedule, | 1819 |
classification, or service rendered, charged, demanded, exacted, | 1820 |
or proposed to be rendered, charged, demanded, or exacted, is in | 1821 |
any respect unjust, unreasonable, unjustly discriminatory, | 1822 |
unjustly preferential, or in violation of law, or that any | 1823 |
regulation, measurement, or practice affecting or relating to any | 1824 |
service furnished by the public utility, or in connection with | 1825 |
such service, is, or will be, in any respect unreasonable, unjust, | 1826 |
insufficient, unjustly discriminatory, or unjustly preferential, | 1827 |
or that any service is, or will be, inadequate or cannot be | 1828 |
obtained, and, upon complaint of a public utility as to any matter | 1829 |
affecting its own product or service, if it appears that | 1830 |
reasonable grounds for complaint are stated, the commission shall | 1831 |
fix a time for hearing and shall notify complainants and the | 1832 |
public utility thereof. | 1833 |
than fifteen days before hearing and shall state the matters | 1834 |
complained of. The commission may adjourn such hearing from time | 1835 |
to time. | 1836 |
The parties to the complaint shall be entitled to be heard, | 1837 |
represented by counsel, and to have process to enforce the | 1838 |
attendance of witnesses. | 1839 |
| 1840 |
1841 | |
1842 | |
1843 | |
1844 | |
1845 | |
1846 | |
1847 | |
1848 | |
1849 |
| 1850 |
1851 | |
1852 | |
1853 | |
1854 | |
1855 | |
1856 | |
1857 | |
1858 |
| 1859 |
1860 |
Sec. 4905.30. | 1861 |
file with the public utilities commission schedules showing all | 1862 |
rates, joint rates, rentals, tolls, classifications, and charges | 1863 |
for service of every kind furnished by it, and all rules and | 1864 |
regulations affecting them. | 1865 |
printed and kept open to public inspection. The commission may | 1866 |
prescribe the form of every such schedule, and may prescribe, by | 1867 |
order, changes in the form of such schedules. The commission may | 1868 |
establish and modify rules and regulations for keeping such | 1869 |
schedules open to public inspection. A copy of | 1870 |
or so much thereof as the commission deems necessary for the use | 1871 |
and information of the public, shall be printed in plain type and | 1872 |
kept on file or posted in such places and in such manner as the | 1873 |
commission orders. | 1874 |
(B) Division (A) of this section applies to a telephone | 1875 |
company only regarding rates, joint rates, tolls, classifications, | 1876 |
charges, rules, and regulations established pursuant to sections | 1877 |
4905.71, 4927.12, 4927.13, 4927.14, 4927.15, 4927.18, and 4931.47 | 1878 |
of the Revised Code. | 1879 |
Sec. 4905.34. Except as provided in sections 4905.33 and | 1880 |
4905.35 and Chapter 4928. of the Revised Code, Chapters 4901., | 1881 |
4903., 4905., 4907., 4909., 4921.,
| 1882 |
Revised Code do not prevent any public utility or railroad from | 1883 |
granting any of its property for any public purpose, or granting | 1884 |
reduced rates or free service of any kind to the United States, to | 1885 |
the state or any political subdivision of the state, for | 1886 |
charitable purposes, for fairs or expositions, to a law | 1887 |
enforcement officer residing in free housing provided pursuant to | 1888 |
section 3735.43 of the Revised Code, or to any officer or employee | 1889 |
of such public utility or railroad or the officer's or employee's | 1890 |
family. All contracts and agreements made or entered into by such | 1891 |
public utility or railroad for such use, reduced rates, or free | 1892 |
service are valid and enforcible at law. As used in this section, | 1893 |
"employee" includes furloughed, pensioned, and superannuated | 1894 |
employees. | 1895 |
Sec. 4905.40. (A) A public utility or a railroad may, when | 1896 |
authorized by order of the public utilities commission, issue | 1897 |
stocks, bonds, notes, and other evidences of indebtedness, payable | 1898 |
at periods of more than twelve months after their date of | 1899 |
issuance, when necessary: | 1900 |
(1) For the acquisition of property, the construction, | 1901 |
completion, extension, renewal, or improvement of its facilities, | 1902 |
or the improvement of its service; or | 1903 |
(2) For reorganization or readjustment of its indebtedness | 1904 |
and capitalization, for the discharge or lawful refunding of its | 1905 |
obligation, or for the reimbursement of moneys actually expended | 1906 |
for such purposes from income or from any other moneys in the | 1907 |
treasury of the public utility or railroad not secured or obtained | 1908 |
from the issue of stocks, bonds, notes, or other evidences of | 1909 |
indebtedness of such public utility or railroad. No reimbursement | 1910 |
of moneys expended for such purposes from income or other moneys | 1911 |
in the treasury shall be authorized unless the applicant has kept | 1912 |
its accounts and vouchers of such expenditures in such manner as | 1913 |
to enable the commission to ascertain the amount and purposes of | 1914 |
such expenditures. | 1915 |
(B) Any public utility, subject to the jurisdiction of the | 1916 |
commission, may, when authorized by the commission, issue shares | 1917 |
of common capital stock to acquire or pay for shares of common | 1918 |
capital stock of a public utility of this or an adjoining state | 1919 |
whose property is so located as to permit the operation of the | 1920 |
properties of such utilities as an integrated system if the | 1921 |
applicant owns, or by this issue will acquire, not less than | 1922 |
sixty-five per cent of the issued and outstanding common capital | 1923 |
shares of the company whose shares are to be acquired, and if the | 1924 |
consideration to be capitalized by the acquiring company does not | 1925 |
exceed the par or stated value at which the shares so acquired | 1926 |
were issued. | 1927 |
(C) Any bonds, notes, or other evidences of indebtedness | 1928 |
payable at periods of more than twelve months after their date may | 1929 |
be issued as provided in sections 4905.40 to 4905.43 of the | 1930 |
Revised Code, regardless of the amount of the capital stock of the | 1931 |
public utility or railroad, subject to the approval of the | 1932 |
commission of the excess of such bonds, notes, or other evidences | 1933 |
of indebtedness above the amount of the capital stock of such | 1934 |
public utility or railroad. | 1935 |
(D) The commission shall authorize on the best terms | 1936 |
obtainable such issues of stocks, bonds, and other evidences of | 1937 |
indebtedness as are necessary to enable any public utility to | 1938 |
comply with any contract made between such public utility and any | 1939 |
municipal corporation prior to June 30, 1911. | 1940 |
(E) The commission may authorize a public utility that is an | 1941 |
electric light company to issue equity securities, or debt | 1942 |
securities having a term of more than twelve months from the date | 1943 |
of issuance, for the purpose of yielding to the company the | 1944 |
capacity to acquire a facility that produces fuel for the | 1945 |
generation of electricity. | 1946 |
(F) In any proceeding under division (A)(1) of this section | 1947 |
initiated by a public utility, the commission shall determine and | 1948 |
set forth in its order: | 1949 |
(1) Whether the purpose to which the issue or any proceeds of | 1950 |
it shall be applied was or is reasonably required by the utility | 1951 |
to meet its present and prospective obligations to provide utility | 1952 |
service; | 1953 |
(2) Whether the amount of the issue and the probable cost of | 1954 |
such stocks, bonds, notes, or other evidences of indebtedness is | 1955 |
just and reasonable; | 1956 |
(3) What effect, if any, the issuance of such stocks, bonds, | 1957 |
notes, or other evidences of indebtedness and the cost thereof | 1958 |
will have upon the present and prospective revenue requirements of | 1959 |
the utility. | 1960 |
(G) Sections 4905.40 to 4905.42 of the Revised Code do not | 1961 |
apply to stocks, bonds, notes, or other evidence of indebtedness | 1962 |
issued for the purpose of financing oil or natural gas drilling, | 1963 |
producing, gathering, and associated activities and facilities by | 1964 |
a producer which supplies to no more than twenty purchasers only | 1965 |
such gas as is produced, gathered, or purchased by such producer | 1966 |
within this state. | 1967 |
(H) Each public utility seeking authorization from the | 1968 |
commission for the issuance of securities to finance the | 1969 |
installation, construction, extension, or improvement of an air | 1970 |
quality facility, as defined in section 3706.01 of the Revised | 1971 |
Code, shall consider the availability of financing therefor from | 1972 |
the Ohio air quality development authority and shall demonstrate | 1973 |
to the commission that the proposed financing will be obtained on | 1974 |
the best terms obtainable. | 1975 |
(I) This section does not apply to a telephone company. | 1976 |
Sec. 4905.402. (A) As used in this section: | 1977 |
(1) "Control" means the possession of the power to direct the | 1978 |
management and policies of a domestic telephone company or a | 1979 |
holding company of a domestic telephone company, or the management | 1980 |
and policies of a domestic electric utility or a holding company | 1981 |
of a domestic electric utility, through the ownership of voting | 1982 |
securities, by contract, or otherwise, but does not include the | 1983 |
power that results from holding an official position or the | 1984 |
possession of corporate office with the domestic company or | 1985 |
utility or the holding company. Control is presumed to exist if | 1986 |
any person, directly or indirectly, owns, controls, holds the | 1987 |
power to vote, or holds with the power to vote proxies that | 1988 |
constitute, twenty per cent or more of the total voting power of | 1989 |
the domestic company or utility or the holding company. | 1990 |
(2) "Electric utility" has the same meaning as in section | 1991 |
4928.07 of the Revised Code. | 1992 |
(3) "Holding company" excludes any securities broker | 1993 |
performing the usual and customary broker's function. | 1994 |
(4) "Telephone company" means any company described in | 1995 |
division (A) | 1996 |
a public utility under section 4905.02 of the Revised Code and | 1997 |
provides basic local exchange service, as defined in section | 1998 |
4927.01 of the Revised Code. | 1999 |
(B) No person shall acquire control, directly or indirectly, | 2000 |
of a domestic telephone company or a holding company controlling a | 2001 |
domestic telephone company or of a domestic electric utility or a | 2002 |
holding company controlling a domestic electric utility unless | 2003 |
that person obtains the prior approval of the public utilities | 2004 |
commission under this section. To obtain approval the person shall | 2005 |
file an application with the commission demonstrating that the | 2006 |
acquisition will promote public convenience and result in the | 2007 |
provision of adequate service for a reasonable rate, rental, toll, | 2008 |
or charge. The application shall contain such information as the | 2009 |
commission may require. If the commission considers a hearing | 2010 |
necessary, it may fix a time and place for hearing. If, after | 2011 |
review of the application and after any necessary hearing, the | 2012 |
commission is satisfied that approval of the application will | 2013 |
promote public convenience and result in the provision of adequate | 2014 |
service for a reasonable rate, rental, toll, or charge, the | 2015 |
commission shall approve the application and make such order as it | 2016 |
considers proper. If the commission fails to issue an order within | 2017 |
thirty days of the filing of the application, or within twenty | 2018 |
days of the conclusion of a hearing, if one is held, the | 2019 |
application shall be deemed approved by operation of law. | 2020 |
(C) No domestic telephone company shall merge with another | 2021 |
domestic telephone company unless the merging companies obtain the | 2022 |
prior approval of the commission. An application seeking such | 2023 |
approval shall be filed, processed, and decided in the manner | 2024 |
provided for an application under division (B) of this section. | 2025 |
(D) The commission shall adopt such rules as it finds | 2026 |
necessary to carry out the provisions of this section. | 2027 |
| 2028 |
may be adversely affected that any person is engaged in or about | 2029 |
to engage in any acts or practices that would violate division (B) | 2030 |
or (C) of this section or any provision of a rule adopted under | 2031 |
this section, the attorney general, when directed to do so by the | 2032 |
commission, or the person claiming to be adversely affected may | 2033 |
bring an action in any court of common pleas that has jurisdiction | 2034 |
and venue to enjoin such acts or practices and enforce compliance | 2035 |
2036 | |
without bond, a restraining order or temporary or permanent | 2037 |
injunction. | 2038 |
| 2039 |
person not a resident of or domiciled or authorized to do business | 2040 |
in this state that files, or is prohibited from acting without | 2041 |
first filing, an application under division (B) or (C) of this | 2042 |
section, and over all actions involving such person arising out of | 2043 |
violations of any provision of this section or of a rule adopted | 2044 |
under this section. The secretary of state shall be the agent for | 2045 |
service of process for any such person in any action, suit, or | 2046 |
proceeding arising out of such violations | 2047 |
of all such lawful process shall be served upon the secretary of | 2048 |
state and transmitted by certified mail, with return receipt | 2049 |
requested, by the secretary of state to such person at the | 2050 |
person's last known address. | 2051 |
Sec. 4905.41. The proceedings for obtaining the authority of | 2052 |
the public utilities commission for the issue of stocks, bonds, | 2053 |
notes and other evidences of indebtedness, as provided in section | 2054 |
4905.40 of the Revised Code, shall be as follows: | 2055 |
(A) In case the stocks, bonds, notes, or other evidence of | 2056 |
indebtedness are to be issued for money only, the public utility | 2057 |
or railroad shall file with the commission a statement, signed and | 2058 |
verified by the president or vice president and the secretary or | 2059 |
treasurer of such public utility or railroad, setting forth: | 2060 |
(1) The amount and character of the stocks, bonds, or other | 2061 |
evidence of indebtedness; | 2062 |
(2) The purposes for which they are to be issued; | 2063 |
(3) The terms upon which they are to be issued; | 2064 |
(4) The total assets and liabilities and an income statement | 2065 |
of the public utility or railroad in such detail as the commission | 2066 |
requires; | 2067 |
(5) If the issue is desired for the purpose of the | 2068 |
reimbursement of money expended from income, as provided by | 2069 |
section 4905.40 of the Revised Code, the amount expended and when | 2070 |
and for what purposes it was expended; | 2071 |
(6) | 2072 |
2073 | |
2074 | |
2075 | |
2076 | |
2077 | |
2078 | |
2079 |
| 2080 |
as the commission requires. | 2081 |
(B) If the stocks, bonds, notes, or other evidence of | 2082 |
indebtedness are to be issued partly or wholly for property, | 2083 |
services, or other consideration than money, the public utility or | 2084 |
railroad shall file with the commission a statement, signed and | 2085 |
verified by its president or vice president and its secretary, or | 2086 |
treasurer setting forth: | 2087 |
(1) The amount and character of the stocks, bonds, or other | 2088 |
evidence of indebtedness proposed to be issued; | 2089 |
(2) The purposes for which they are to be issued; | 2090 |
(3) The description and estimated value of the property or | 2091 |
services for which they are to be issued; | 2092 |
(4) The terms on which they are to be issued or exchanged; | 2093 |
(5) The amount of money to be received in addition to the | 2094 |
property, service, or other consideration; | 2095 |
(6) | 2096 |
2097 | |
2098 | |
2099 |
| 2100 |
of the public utility or railroad in such detail as the commission | 2101 |
requires; | 2102 |
| 2103 |
inquiry as the commission requires. | 2104 |
This section and section 4905.40 of the Revised Code do not | 2105 |
apply to union depot companies organized and under contract prior | 2106 |
to June 30, 1911, until the same are completed. | 2107 |
This section does not apply to a telephone company. | 2108 |
Sec. 4905.42. To determine whether it should issue the order | 2109 |
referred to in section 4905.40 of the Revised Code, the public | 2110 |
utilities commission shall hold such hearings, make such inquiries | 2111 |
or investigations, and examine such witnesses, books, papers, | 2112 |
documents, and contracts as it deems proper. | 2113 |
An order issued under this section shall fix the amount, | 2114 |
character, and terms of any issue of stocks, bonds, notes, or | 2115 |
other evidence of indebtedness, and the purposes to which the | 2116 |
issue or any proceeds of it shall be applied, shall recite that | 2117 |
the money, property, consideration, or labor procured or to be | 2118 |
procured or paid for by such issue was or is reasonably required | 2119 |
for the purposes specified in the order, and shall recite the | 2120 |
value of any property, consideration, or service, as found by the | 2121 |
commission, for which in whole or in part such issue is proposed | 2122 |
to be made. | 2123 |
No public utility or railroad shall, without the consent of | 2124 |
the commission, apply any such issue or its proceeds to any | 2125 |
purpose not specified in the order. Such public utilities or | 2126 |
railroads may issue notes for proper corporate purposes, payable | 2127 |
at periods of not more than twelve months, without the consent of | 2128 |
the commission, but no such notes shall, in whole or in part, | 2129 |
directly or indirectly, be refunded by any issue of stocks or | 2130 |
bonds, or by any evidence of indebtedness, running for more than | 2131 |
twelve months, without the consent of the commission. | 2132 |
All stocks, bonds, notes, or other evidence of indebtedness | 2133 |
issued by any public utility or railroad without the permission of | 2134 |
the commission are void. No interstate railroad or public utility | 2135 |
shall be required to apply to the commission for authority to | 2136 |
issue stocks, bonds, notes, or other evidence of indebtedness for | 2137 |
the acquisition of property, the construction, completion, | 2138 |
extension, or improvement of its facilities, or the improvement or | 2139 |
maintenance of its service outside this state, or for authority | 2140 |
for the discharge or refunding of obligations issued or incurred | 2141 |
for such purposes or the reimbursement of moneys actually expended | 2142 |
for such purposes outside this state. | 2143 |
No pipe-line company | 2144 |
transporting oil through pipes or tubing, either wholly or | 2145 |
partly | 2146 |
commission for authority to issue stocks, bonds, notes, or other | 2147 |
evidence of indebtedness for the purpose of acquiring or paying | 2148 |
for stocks, bonds, notes, or other evidence of indebtedness of any | 2149 |
other corporation organized under the laws of this state, any | 2150 |
other state, the District of Columbia, the United States, any | 2151 |
territory of the United States, any foreign country, or otherwise. | 2152 |
No company that is both a pipe-line company engaged as such | 2153 |
in the business of transporting natural gas through pipes or | 2154 |
tubing in interstate commerce, wholly or partly within this state, | 2155 |
and a natural gas company engaged as such in this state solely in | 2156 |
the business of supplying natural gas to gas companies or to | 2157 |
natural gas companies shall be required to apply to the commission | 2158 |
for authority to issue stocks, bonds, notes, or other evidence of | 2159 |
indebtedness. | 2160 |
This section does not apply to a telephone company. | 2161 |
Sec. 4905.45. Public utility or railroad corporations may, | 2162 |
incident to the sale or pledge of bonds, notes, or other | 2163 |
securities owned by them, jointly or severally indorse such | 2164 |
securities and guarantee due payment of them, in any case in which | 2165 |
such indorsement and guarantee is authorized by the public | 2166 |
utilities commission or the interstate commerce commission. | 2167 |
This section does not apply to telephone companies. | 2168 |
Sec. 4905.46. | 2169 |
declare any stock, bond, or scrip dividend or distribution, or | 2170 |
divide the proceeds of the sale of any stock, bond, or scrip among | 2171 |
its stockholders, unless it is authorized to do so by the public | 2172 |
utilities commission. | 2173 |
| 2174 |
2175 | |
2176 | |
2177 | |
2178 | |
2179 | |
2180 | |
2181 | |
2182 | |
2183 | |
2184 | |
2185 | |
2186 | |
2187 | |
2188 | |
2189 | |
2190 | |
2191 | |
2192 | |
does not apply to telephone companies. | 2193 |
Sec. 4905.47. The public utilities commission shall not | 2194 |
authorize the capitalization of any franchise or right to own, | 2195 |
operate, or enjoy any franchise in excess of the amount, exclusive | 2196 |
of any tax or annual charge, actually paid to any political | 2197 |
subdivision of the state or county as the consideration for the | 2198 |
grant of such franchise or right, nor shall the capital stock of a | 2199 |
public utility or railroad corporation formed by the merger or | 2200 |
consolidation of two or more corporations exceed the sum of the | 2201 |
capital stock of the corporations consolidated or merged, at the | 2202 |
par value of such stock, and such sum or any additional sum | 2203 |
actually paid in cash. No contract for consolidation or lease | 2204 |
shall be capitalized in the stock of any public utility or | 2205 |
railroad corporation, and no such corporation shall issue any | 2206 |
bonds against or as a lien upon any contract for consolidation or | 2207 |
merger. The aggregate amount of the debt of such consolidated | 2208 |
companies by reason of such consolidation shall not be increased. | 2209 |
This section does not apply to telephone companies. | 2210 |
Sec. 4905.51. Every public utility having any equipment on, | 2211 |
over, or under any street or highway shall, subject to section | 2212 |
4951.04 of the Revised Code, for a reasonable compensation, permit | 2213 |
the use of such equipment by any other public utility whenever the | 2214 |
public utilities commission determines, as provided in section | 2215 |
4905.51 of the Revised Code, that public convenience, welfare, and | 2216 |
necessity require such use or joint use, and that such use or | 2217 |
joint use will not result in irreparable injury to the owner or | 2218 |
other users of such equipment or any substantial detriment to the | 2219 |
service to be rendered by such owners or other users. | 2220 |
In case of failure to agree upon such use or joint use, or | 2221 |
upon the conditions or compensation for such use or joint use, any | 2222 |
public utility may apply to the commission, and if after | 2223 |
investigation the commission ascertains that the public | 2224 |
convenience, welfare, and necessity require such use or joint use | 2225 |
and that it would not result in irreparable injury to the owner or | 2226 |
other users of such property or equipment or in any substantial | 2227 |
detriment to the service to be rendered by such owner or other | 2228 |
users, the commission shall direct that such use or joint use be | 2229 |
permitted and prescribe reasonable conditions and compensation for | 2230 |
such joint use. | 2231 |
Such use or joint use so ordered shall be permitted and such | 2232 |
conditions and compensation so prescribed shall be the lawful | 2233 |
conditions and compensation to be observed, followed, and paid, | 2234 |
subject to recourse to the courts by any interested party as | 2235 |
provided in Chapters 4901., 4903., 4905., 4907., 4909., 4921., | 2236 |
4923., and | 2237 |
revoke or revise any such order. | 2238 |
Sec. 4905.52. No officer, agent, or employee of a railroad | 2239 |
company shall refuse to answer a question propounded to | 2240 |
officer, agent, or employee by a public utilities commissioner in | 2241 |
the course of an examination authorized by Chapters 4901., 4903., | 2242 |
4905., 4907., 4909., 4921., 4923., and | 2243 |
Code. The property of the railroad company of which such person is | 2244 |
an officer, agent, or employee, is liable to be taken in execution | 2245 |
to satisfy the fines and costs in case of a violation of this | 2246 |
section. | 2247 |
Sec. 4905.58. All prosecutions against a railroad | 2248 |
2249 | |
under Chapters 4901., 4903., 4905., 4907., 4909., 4921., and | 2250 |
4923. | 2251 |
penalties involving imprisonment shall be by indictment. | 2252 |
Sec. 4905.59. If the public utilities commission, the | 2253 |
officer requested by it, or a village solicitor or city director | 2254 |
of law, when the cause of action arises in a municipal | 2255 |
corporation, fails to prosecute a civil action for forfeiture | 2256 |
against a railroad | 2257 |
employee thereof as provided by law, the prosecuting attorney of | 2258 |
the county in which a cause of action for forfeiture arises, upon | 2259 |
the request of any taxpayer of the county, shall bring such action | 2260 |
if | 2261 |
that in | 2262 |
If the action fails, the costs of the action shall be adjudged | 2263 |
against the county. | 2264 |
If a cause of action for forfeiture arises within a municipal | 2265 |
corporation, and the commission, the officer requested by it, or | 2266 |
the prosecuting attorney, fails to prosecute such action, the | 2267 |
village solicitor or city director of law of the municipal | 2268 |
corporation, when required by resolution of the legislative | 2269 |
authority, shall institute the action and prosecute it to final | 2270 |
judgment. If the action fails, the cost of the action shall be | 2271 |
adjudged against the municipal corporation. The time for notice of | 2272 |
appeal and giving a bond does not apply to cases within the | 2273 |
meaning of this section. | 2274 |
Sec. 4905.61. If any public utility or railroad does, or | 2275 |
causes to be done, any act or thing prohibited by Chapters 4901., | 2276 |
4903., 4905., 4907., 4909., 4921., 4923., and | 2277 |
Revised Code, or declared to be unlawful, or omits to do any act | 2278 |
or thing required by | 2279 |
order of the public utilities commission, | 2280 |
or railroad is liable to the person, firm, or corporation injured | 2281 |
thereby in treble the amount of damages sustained in consequence | 2282 |
of | 2283 |
this section does not affect a recovery by the state for any | 2284 |
penalty provided for in | 2285 |
Sec. 4905.63. | 2286 |
or to transact business
| 2287 |
4901., 4903., 4905., 4907., 4909., 4921., 4923., and | 2288 |
of the Revised Code, and | 2289 |
franchises for any of the purposes contemplated in | 2290 |
chapters, are subject to | 2291 |
although no property has been acquired, no business has been | 2292 |
transacted, or no franchises have been exercised by | 2293 |
company. | 2294 |
Sec. 4905.71. (A) Every telephone | 2295 |
light company | 2296 |
section 4905.02 of the Revised Code | 2297 |
terms and conditions and the payment of reasonable charges, the | 2298 |
attachment of any wire, cable, facility, or apparatus to its | 2299 |
poles, pedestals, or placement of same in conduit duct space, by | 2300 |
any person or entity other than a public utility that is | 2301 |
authorized and has obtained, under law, any necessary public or | 2302 |
private authorization and permission to construct and maintain the | 2303 |
attachment, so long as the attachment does not interfere, | 2304 |
obstruct, or delay the service and operation of the telephone | 2305 |
2306 | |
safety. Every such telephone | 2307 |
shall file tariffs with the public utilities commission containing | 2308 |
the charges, terms, and conditions established for such use. | 2309 |
(B) The | 2310 |
justness and reasonableness of the charges, terms, and conditions | 2311 |
contained in any such tariff, and may, upon complaint of any | 2312 |
persons in which it appears that reasonable grounds for complaint | 2313 |
are stated, or upon its own initiative, investigate such charges, | 2314 |
terms, and conditions and conduct a hearing to establish just and | 2315 |
reasonable charges, terms, and conditions, and to resolve any | 2316 |
controversy | 2317 |
attachment. | 2318 |
Sec. 4905.73. (A) The public utilities commission, upon | 2319 |
complaint by any person or complaint or initiative of the | 2320 |
commission, has jurisdiction under section 4905.26 of the Revised | 2321 |
Code regarding any violation of division (B) of section 4905.72 of | 2322 |
the Revised Code by a public utility. | 2323 |
(B) Upon complaint or initiative under division (A) of this | 2324 |
section, if the commission finds, after notice and hearing | 2325 |
pursuant to section 4905.26 of the Revised Code, that a public | 2326 |
utility has violated section 4905.72 of the Revised Code, the | 2327 |
commission, by order, shall do all of the following: | 2328 |
(1) Rescind the aggrieved consumer's change in service | 2329 |
provider; | 2330 |
(2) Require the public utility to absolve the aggrieved | 2331 |
consumer of any liability for any charges assessed the consumer, | 2332 |
or refund to the aggrieved consumer any charges collected from the | 2333 |
consumer, by the public utility during the thirty-day period after | 2334 |
the violation or failure to comply occurred or, where appropriate, | 2335 |
during such other period after that occurrence as determined | 2336 |
reasonable by the commission; | 2337 |
(3) Require the public utility to refund or pay to the | 2338 |
aggrieved consumer any fees paid or costs incurred by the consumer | 2339 |
resulting from the change of the consumer's service provider or | 2340 |
providers, or from the resumption of the consumer's service with | 2341 |
the service provider or providers from which the consumer was | 2342 |
switched; | 2343 |
(4) Require the public utility to make the consumer whole | 2344 |
regarding any bonuses or benefits, such as airline mileage or | 2345 |
product discounts, to which the consumer is entitled, by restoring | 2346 |
bonuses or benefits the consumer lost as a result of the violation | 2347 |
or failure to comply and providing bonuses or benefits the | 2348 |
consumer would have earned if not for the violation or failure to | 2349 |
comply, or by providing something of equal value. | 2350 |
(C) In addition to the remedies under division (B) of this | 2351 |
section, if the commission finds, after notice and hearing | 2352 |
pursuant to section 4905.26 of the Revised Code, that a public | 2353 |
utility has violated section 4905.72 of the Revised Code, the | 2354 |
commission, by order, may impose any of the following remedies or | 2355 |
forfeitures: | 2356 |
(1) Require the public utility to comply or undertake any | 2357 |
necessary corrective action; | 2358 |
(2) Require the public utility to compensate the service | 2359 |
provider or providers from which the aggrieved consumer was | 2360 |
switched in the amount of all charges the consumer would have paid | 2361 |
that particular service provider for the same or comparable | 2362 |
service had the violation or failure to comply not occurred; | 2363 |
(3) Require the public utility to compensate the service | 2364 |
provider or providers from which the aggrieved consumer was | 2365 |
switched for any costs that the particular service provider incurs | 2366 |
as a result of making the consumer whole as provided in division | 2367 |
(B)(4) of this section or of effecting the resumption of the | 2368 |
consumer's service; | 2369 |
(4) Assess upon the public utility forfeitures of not more | 2370 |
than one thousand dollars for each day of each violation or | 2371 |
failure to comply. However, if the commission finds that the | 2372 |
public utility has engaged or is engaging in a pattern or practice | 2373 |
of committing any such violations or failures to comply, the | 2374 |
commission may assess upon the public utility forfeitures of not | 2375 |
more than five thousand dollars for each day of each violation or | 2376 |
failure. Any forfeiture collected pursuant to this division shall | 2377 |
be deposited into the state treasury to the credit of the general | 2378 |
revenue fund. | 2379 |
(5) Require the public utility to file with the commission a | 2380 |
security payable to the state in such amount and upon such terms | 2381 |
as the commission determines necessary to ensure compliance and | 2382 |
payment of any forfeitures assessed pursuant to division (C)(4) of | 2383 |
this section; | 2384 |
(6) Rescind the public utility's authority to provide natural | 2385 |
gas service or public telecommunications service within this | 2386 |
state. | 2387 |
(D) Proceedings of the commission pursuant to division (B) or | 2388 |
(C) of this section are governed by Chapter 4903. of the Revised | 2389 |
Code. | 2390 |
(E) The commission may direct the attorney general to | 2391 |
commence an action under section 4905.57 or 4905.60 of the Revised | 2392 |
Code to enforce an order of the commission issued under division | 2393 |
(B) or (C) of this section, including orders assessing | 2394 |
forfeitures. Notwithstanding section 4905.57 of the Revised Code, | 2395 |
an action authorized under this division may be brought in the | 2396 |
court of common pleas of Franklin county or the court of common | 2397 |
pleas of any county in which venue is proper under the Rules of | 2398 |
Civil Procedure. | 2399 |
(F) The remedy available under section 4905.61 of the Revised | 2400 |
Code may be applied to any violation of section 4905.72 of the | 2401 |
Revised Code. | 2402 |
(G) The powers, remedies, forfeitures, and penalties provided | 2403 |
by this section and section 4905.72 and division | 2404 |
4905.99 of the Revised Code are in addition to any other power, | 2405 |
remedy, forfeiture, or penalty provided by law. | 2406 |
Sec. 4905.84. (A) As used in this section: | 2407 |
(1) "Telecommunications relay service" means intrastate | 2408 |
transmission services that provide the ability for an individual | 2409 |
who has a hearing or speech impairment to engage in a | 2410 |
communication by wire or radio with a hearing individual in a | 2411 |
manner that is functionally equivalent to the ability of an | 2412 |
individual who does not have a hearing or speech impairment to | 2413 |
communicate using voice communication services by wire or radio. | 2414 |
"Telecommunications relay service" includes services that enable | 2415 |
two-way communication between an individual who uses a | 2416 |
telecommunications device for the deaf or other nonvoice terminal | 2417 |
device and an individual who does not use such a device. | 2418 |
(2) "TRS provider" means an entity selected by the public | 2419 |
utilities commission as the provider of telecommunications relay | 2420 |
service for this state as part of the commission's intrastate | 2421 |
telecommunications relay service program certified pursuant to | 2422 |
federal law. | 2423 |
(B) For the sole purpose of funding telecommunications relay | 2424 |
service, the commission shall, not earlier than January 1, 2009, | 2425 |
impose on and collect from each service provider that is required | 2426 |
under federal law to provide its customers access to | 2427 |
telecommunications relay service an annual assessment to pay for | 2428 |
costs incurred by the TRS provider for providing such service in | 2429 |
Ohio. The commission shall determine the appropriate service | 2430 |
providers to be assessed the telecommunications relay service | 2431 |
costs, including telephone companies as defined in division | 2432 |
(A) | 2433 |
mobile radio service providers, and providers of advanced services | 2434 |
or internet protocol-enabled services that are competitive with or | 2435 |
functionally equivalent to basic local exchange service as defined | 2436 |
in section 4927.01 of the Revised Code. | 2437 |
(C) The assessment shall be allocated proportionately among | 2438 |
the appropriate service providers using a competitively neutral | 2439 |
formula established by the commission based on the number of | 2440 |
retail intrastate customer access lines or their equivalent. The | 2441 |
commission shall annually reconcile the funds collected with the | 2442 |
actual costs of providing telecommunications relay service when it | 2443 |
issues the assessment and shall either proportionately charge the | 2444 |
service providers for any amounts not sufficient to cover the | 2445 |
actual costs or proportionately credit amounts collected in excess | 2446 |
of the actual costs. The total amount assessed from all service | 2447 |
providers shall not exceed the total telecommunications relay | 2448 |
service costs. | 2449 |
Each service provider that pays the assessment shall be | 2450 |
permitted to recover the cost of the assessment. The method of | 2451 |
recovery may include, but is not limited to, a customer billing | 2452 |
surcharge. | 2453 |
The commission shall deposit the money collected in the | 2454 |
telecommunications relay service fund, which is hereby created in | 2455 |
the state treasury, and shall use the money in that fund solely to | 2456 |
compensate the TRS provider. | 2457 |
(D) The commission shall take such measures as it considers | 2458 |
necessary to protect the confidentiality of information provided | 2459 |
to the commission pursuant to this section by service providers | 2460 |
required to pay the assessment. | 2461 |
(E) The commission may assess a forfeiture of not more than | 2462 |
one thousand dollars on any service provider failing to comply | 2463 |
with this section. Each day's continuance of such failure is a | 2464 |
separate offense. The forfeiture shall be recovered in accordance | 2465 |
with sections 4905.55 to 4905.60 of the Revised Code. | 2466 |
(F) The jurisdiction and authority granted to the commission | 2467 |
by this section is limited to the administration and enforcement | 2468 |
of this section. The commission may adopt such rules as it finds | 2469 |
necessary to carry out this section. The commission shall adopt | 2470 |
rules under section 111.15 of the Revised Code to establish the | 2471 |
assessment amounts and procedures. | 2472 |
Sec. 4905.90. As used in sections 4905.90 to 4905.96 of the | 2473 |
Revised Code: | 2474 |
(A) "Contiguous property" includes, but is not limited to, a | 2475 |
manufactured home park as defined in section 3733.01 of the | 2476 |
Revised Code; a public or publicly subsidized housing project; an | 2477 |
apartment complex; a condominium complex; a college or university; | 2478 |
an office complex; a shopping center; a hotel; an industrial park; | 2479 |
and a race track. | 2480 |
(B) "Gas" means natural gas, flammable gas, or gas which is | 2481 |
toxic or corrosive. | 2482 |
(C) "Gathering lines" and the "gathering of gas" have the | 2483 |
same meaning as in the Natural Gas Pipeline Safety Act and the | 2484 |
rules adopted by the United States department of transportation | 2485 |
pursuant to the Natural Gas Pipeline Safety Act, including 49 | 2486 |
C.F.R. part 192, as amended. | 2487 |
(D) "Intrastate pipe-line transportation" has the same | 2488 |
meaning as in 82 Stat. 720 (1968), 49 U.S.C.A. App. 1671, as | 2489 |
amended, but excludes the gathering of gas exempted by the Natural | 2490 |
Gas Pipeline Safety Act. | 2491 |
(E) "Master-meter system" means a pipe-line system that | 2492 |
distributes gas within a contiguous property for which the system | 2493 |
operator purchases gas for resale to consumers, including tenants. | 2494 |
Such pipe-line system supplies consumers who purchase the gas | 2495 |
directly through a meter, or by paying rent, or by other means. | 2496 |
The term includes a master-meter system as defined in 49 C.F.R. | 2497 |
191.3, as amended. The term excludes a pipeline within a | 2498 |
manufactured home, mobile home, or a building. | 2499 |
(F) "Natural Gas Pipeline Safety Act" means the "Natural Gas | 2500 |
Pipeline Safety Act of 1968," 82 Stat. 720, 49 U.S.C.A. App. 1671 | 2501 |
et seq., as amended. | 2502 |
(G) "Operator" means any of the following: | 2503 |
(1) A gas company or natural gas company as defined in | 2504 |
section 4905.03 of the Revised Code, except that division | 2505 |
(A) | 2506 |
commission to relieve any producer of gas, as a gas company or | 2507 |
natural gas company, of compliance with sections 4905.90 to | 2508 |
4905.96 of the Revised Code or the pipe-line safety code created | 2509 |
under section 4905.91 of the Revised Code; | 2510 |
(2) A pipe-line company, as defined in section 4905.03 of the | 2511 |
Revised Code, when engaged in the business of transporting gas by | 2512 |
pipeline; | 2513 |
(3) A public utility that is excepted from the definition of | 2514 |
"public utility" under division (B) or (C) of section 4905.02 of | 2515 |
the Revised Code, when engaged in supplying or transporting gas by | 2516 |
pipeline within this state; | 2517 |
(4) Any person that owns, operates, manages, controls, or | 2518 |
leases any of the following: | 2519 |
(a) Intrastate pipe-line transportation facilities within | 2520 |
this state; | 2521 |
(b) Gas gathering lines within this state which are not | 2522 |
exempted by the Natural Gas Pipeline Safety Act; | 2523 |
(c) A master-meter system within this state. | 2524 |
"Operator" does not include an ultimate consumer who owns a | 2525 |
service line, as defined in 49 C.F.R. 192.3, as amended, on the | 2526 |
real property of that ultimate consumer. | 2527 |
(H) "Operator of a master-meter system" means a person | 2528 |
described under division (F)(4)(c) of this section. An operator of | 2529 |
a master-meter system is not a public utility under section | 2530 |
4905.02 or a gas or natural gas company under section 4905.03 of | 2531 |
the Revised Code. | 2532 |
(I) "Person" means: | 2533 |
(1) In addition to those defined in division (C) of section | 2534 |
1.59 of the Revised Code, a joint venture or a municipal | 2535 |
corporation; | 2536 |
(2) Any trustee, receiver, assignee, or personal | 2537 |
representative of persons defined in division (H)(1) of this | 2538 |
section. | 2539 |
(J) "Safety audit" means the public utilities commission's | 2540 |
audit of the premises, pipe-line facilities, and the records, | 2541 |
maps, and other relevant documents of a master-meter system to | 2542 |
determine the operator's compliance with sections 4905.90 to | 2543 |
4905.96 of the Revised Code and the pipe-line safety code. | 2544 |
(K) "Safety inspection" means any inspection, survey, or | 2545 |
testing of a master-meter system which is authorized or required | 2546 |
by sections 4905.90 to 4905.96 of the Revised Code and the | 2547 |
pipe-line safety code. The term includes, but is not limited to, | 2548 |
leak surveys, inspection of regulators and critical valves, and | 2549 |
monitoring of cathodic protection systems, where applicable. | 2550 |
(L) "Safety-related condition" means any safety-related | 2551 |
condition defined in 49 C.F.R. 191.23, as amended. | 2552 |
(M) "Total Mcfs of gas it supplied or delivered" means the | 2553 |
sum of the following volumes of gas that an operator supplied or | 2554 |
delivered, measured in units per one thousand cubic feet: | 2555 |
(1) Residential sales; | 2556 |
(2) Commercial and industrial sales; | 2557 |
(3) Other sales to public authorities; | 2558 |
(4) Interdepartmental sales; | 2559 |
(5) Sales for resale; | 2560 |
(6) Transportation of gas. | 2561 |
Sec. 4905.99. (A) Whoever violates section 4905.52 of the | 2562 |
Revised Code shall be fined not less than fifty nor more than five | 2563 |
hundred dollars. | 2564 |
(B) Whoever violates section 4905.56 of the Revised Code is | 2565 |
guilty of a felony of the fifth degree. | 2566 |
(C) | 2567 |
2568 | |
2569 |
| 2570 |
guilty of a misdemeanor of the third degree. | 2571 |
Sec. 4907.01. As used in sections 4907.01 to 4907.63 | 2572 |
2573 |
(A) "Public utility" has the same meaning | 2574 |
section 4905.02 of the Revised Code. | 2575 |
(B) " | 2576 |
2577 | |
2578 | |
2579 | |
2580 | |
and "interurban railroad company | 2581 |
have the | 2582 |
the Revised Code. | 2583 |
(C) "Railroad" has the same meaning | 2584 |
4907.02 of the Revised Code. | 2585 |
(D) " | 2586 |
highway | 2587 |
2588 | |
4921.02 of the Revised Code. | 2589 |
| 2590 |
2591 | |
2592 |
Sec. 4907.14. Within thirty days after the election of the | 2593 |
directors of a railroad | 2594 |
this state, the secretary of
| 2595 |
forward to the public utilities commission a list of the officers | 2596 |
and directors thereof, giving the place of residence and | 2597 |
post-office address of each. If a change occurs in the | 2598 |
organization of the officers or board of directors of a railroad | 2599 |
2600 | |
such change and the residence and post-office address of each of | 2601 |
the officers and directors. | 2602 |
Sec. 4907.30. No railroad company owning or operating a | 2603 |
railroad wholly or partly within this state shall, directly or | 2604 |
indirectly, issue or give a free ticket, free pass, or free | 2605 |
transportation for passengers, except to: | 2606 |
(A) Its employees and their families, its officers, agents, | 2607 |
surgeons, physicians, and attorneys at law; | 2608 |
(B) Ministers of religion, traveling secretaries of railroad | 2609 |
young men's or young women's | 2610 |
inmates of hospitals and charitable institutions, and persons | 2611 |
exclusively engaged in charitable work; | 2612 |
(C) Indigent, destitute, and homeless persons, and to such | 2613 |
persons when transported by charitable societies or hospitals, and | 2614 |
the necessary agents employed in such transportation; | 2615 |
(D) Residents of the national homes or state homes for | 2616 |
disabled volunteer soldiers, and residents of veterans' homes, | 2617 |
including those about to enter and those returning home after | 2618 |
discharge, and boards of managers of such homes; | 2619 |
(E) Necessary caretakers of livestock, poultry, and fruit; | 2620 |
(F) Employees on sleeping cars | 2621 |
(G) Line workers of | 2622 |
(H) Railway mail service employees, post-office inspectors, | 2623 |
custom inspectors, and immigration inspectors; | 2624 |
(I) News carriers on trains, baggage agents, witnesses | 2625 |
attending any legal investigation in which the railroad is | 2626 |
interested, persons injured in wrecks, and physicians and nurses | 2627 |
attending such persons. | 2628 |
As used in this section, "employee" includes furloughed, | 2629 |
pensioned, and superannuated employees, persons who have become | 2630 |
disabled or infirm in the service of any such common carrier, the | 2631 |
remains of a person killed in the employment of a carrier, and | 2632 |
ex-employees traveling for the purpose of entering the service of | 2633 |
any such common carrier, and "families" includes the families of | 2634 |
such persons and also the surviving spouses and dependent children | 2635 |
of employees who died while in the service of any common carrier. | 2636 |
Sec. 4909.01. As used in this chapter: | 2637 |
(A) "Public utility" has the same meaning | 2638 |
section 4905.02 of the Revised Code. | 2639 |
(B) " | 2640 |
Electric light company," "gas company," "natural gas company," | 2641 |
"pipeline company," "water-works company," "sewage disposal system | 2642 |
company,"
| 2643 |
"street railway company | 2644 |
2645 | |
meanings
| 2646 |
(C) "Railroad" has the same meaning | 2647 |
4907.02 of the Revised Code. | 2648 |
(D) "Motor transportation company" has the same meaning | 2649 |
2650 |
| 2651 |
2652 | |
2653 |
| 2654 |
2655 | |
2656 |
Sec. 4909.02. All regulations, practices, and service of | 2657 |
railroad companies
| 2658 |
public utilities commission shall be in force and be prima-facie | 2659 |
reasonable, unless suspended or found otherwise in an action | 2660 |
brought for that purpose pursuant to Chapters 4901., 4903., 4905., | 2661 |
4907., 4909., 4921., and 4923. of the Revised Code, or until | 2662 |
changed or modified by the commission. | 2663 |
Sec. 4909.03. All rates, fares, charges, classifications, | 2664 |
and joint rates of railroad companies | 2665 |
fixed by the public utilities commission shall be in force and be | 2666 |
prima-facie lawful for two years from the day they take effect, or | 2667 |
until changed or modified by the commission or by an order of a | 2668 |
competent court in an action under Chapters 4901., 4903., 4905., | 2669 |
4907., 4909., 4921., and 4923. | 2670 |
Sec. 4909.17. No rate, joint rate, toll, classification, | 2671 |
charge, or rental, no change in any rate, joint rate, toll, | 2672 |
classification, charge, or rental, and no regulation or practice | 2673 |
affecting any rate, joint rate, toll, classification, charge, or | 2674 |
rental of a public utility shall become effective until the public | 2675 |
utilities commission, by order, determines it to be just and | 2676 |
reasonable, except as provided in this section and sections | 2677 |
4909.18 and 4909.19 of the Revised Code. Such sections do not | 2678 |
apply to any rate, joint rate, toll, classification, charge, or | 2679 |
rental, or any regulation or practice affecting the same, of | 2680 |
railroads, street and electric railways, motor transportation | 2681 |
companies, | 2682 |
2683 | |
2684 | |
2685 | |
2686 | |
2687 | |
2688 |
Sec. 4911.01. As used in this chapter: | 2689 |
(A) "Public utility" means every one as defined in divisions | 2690 |
(A)(1), | 2691 |
section 4905.03 of the Revised Code, including all public | 2692 |
utilities that | 2693 |
except the following: | 2694 |
(1) Electric light companies that operate their utilities not | 2695 |
for profit; | 2696 |
(2) Public utilities, other than telephone companies, that | 2697 |
are owned and operated exclusively by and solely for the | 2698 |
utilities' customers; | 2699 |
(3) Public utilities that are owned or operated by any | 2700 |
municipal corporation; | 2701 |
(4) Railroads as defined in sections 4907.02 and 4907.03 of | 2702 |
the Revised Code. | 2703 |
(B) "Residential consumer" means urban, suburban, and rural | 2704 |
patrons of public utilities insofar as their needs for utility | 2705 |
services are limited to their residence. | 2706 |
Sec. 4921.01. As used in sections 4921.01 to 4921.32 | 2707 |
2708 |
(A) "Public utility" has the same meaning | 2709 |
section 4905.02 of the Revised Code. | 2710 |
(B) " | 2711 |
2712 | |
2713 | |
2714 | |
railway company," | 2715 |
railroad company," and "motor-propelled vehicle" have the | 2716 |
2717 |
(C) "Railroad" has the same meaning | 2718 |
4907.02 of the Revised Code. | 2719 |
(D) "Motor transportation company" has the same meaning | 2720 |
2721 |
(E) "Private motor carrier," "contract carrier by motor | 2722 |
vehicle," "motor vehicle," and "charter party trip" have the | 2723 |
2724 | |
Revised Code. | 2725 |
Sec. 4923.01. As used in sections 4923.01 to 4923.17 | 2726 |
2727 |
(A) "Public utility" has the same meaning | 2728 |
section 4905.02 of the Revised Code. | 2729 |
(B) " | 2730 |
2731 | |
2732 | |
2733 | |
2734 | |
2735 | |
the same meaning | 2736 |
Code. | 2737 |
(C) | 2738 |
2739 |
| 2740 |
2741 |
| 2742 |
"regular route | 2743 |
same meanings as in section 4921.02 of the Revised Code. | 2744 |
Sec. 4927.01. (A) As used in this chapter: | 2745 |
| 2746 |
| 2747 |
telephone-company-provided services over a single line or | 2748 |
small-business-end-user access to and usage of | 2749 |
telephone-company-provided services over the primary access line | 2750 |
of service, which in the case of residential and small-business | 2751 |
access and usage is not part of a bundle or package of services, | 2752 |
that
| 2753 |
(a) Enables a customer | 2754 |
2755 | |
within a local service area | 2756 |
on the effective date of the amendment of this section by H.B. 276 | 2757 |
of the 128th general assembly; | 2758 |
(b) Consists of all of the following services: | 2759 |
| 2760 |
| 2761 |
exchange service; | 2762 |
(iii) Touch tone dialing service; | 2763 |
| 2764 |
services are available; | 2765 |
| 2766 |
| 2767 |
format for no additional charge and a listing in that directory, | 2768 |
with reasonable accommodations made for private listings; | 2769 |
| 2770 |
| 2771 |
| 2772 |
providers or both, and networks of other telephone companies. | 2773 |
(2) "Bundle or package of services" means one or more | 2774 |
telecommunications services or other services offered together as | 2775 |
one service option at a single price. | 2776 |
(3) "Carrier access" means access to and usage of telephone | 2777 |
company-provided facilities that enable end user customers | 2778 |
originating or receiving voice grade, data, or image | 2779 |
communications, over a local exchange telephone company network | 2780 |
operated within a local service area, to access interexchange or | 2781 |
other networks and includes special access. | 2782 |
| 2783 |
2784 | |
2785 | |
2786 |
| 2787 |
represented by the poverty guidelines as revised annually by the | 2788 |
United States department of health and human services in | 2789 |
accordance with section 673(2) of the "Omnibus Reconciliation Act | 2790 |
of 1981," 95 Stat. 511, 42 U.S.C. 9902, as amended, for a family | 2791 |
size equal to the size of the family of the person whose income is | 2792 |
being determined. | 2793 |
(5) "Incumbent local exchange carrier" means, with respect to | 2794 |
an area, the local exchange carrier that: | 2795 |
(a) On February 8, 1996, provided telephone exchange service | 2796 |
in such area; and | 2797 |
(b)(i) On February 8, 1996, was deemed to be a member of the | 2798 |
exchange carrier association pursuant to 47 C.F.R. 69.601(b); or | 2799 |
(ii) Is a person or entity that, on or after February 8, | 2800 |
1996, became a successor or assign of a member described in | 2801 |
division (A)(5)(b)(i) of this section. | 2802 |
(6) "Internet protocol-enabled services" means any services, | 2803 |
capabilities, functionalities, or applications that are provided | 2804 |
using internet protocol or a successor protocol to enable an end | 2805 |
user to send or receive communications in internet protocol format | 2806 |
or a successor format, regardless of how any particular such | 2807 |
service is classified by the federal communications commission, | 2808 |
and includes voice over internet protocol service. | 2809 |
(7) "Local exchange carrier" means any person engaged in the | 2810 |
provision of telephone exchange service, or the offering of access | 2811 |
to telephone exchange service or facilities for the purpose of | 2812 |
originating or terminating telephone toll service. | 2813 |
(8) "Local service area" means the geographic area that may | 2814 |
encompass more than one exchange area and within which a telephone | 2815 |
customer, by paying the rate for basic local exchange service, may | 2816 |
complete | 2817 |
2818 | |
additional charge. | 2819 |
| 2820 |
2821 | |
2822 | |
2823 | |
2824 | |
2825 | |
2826 | |
2827 | |
2828 | |
2829 | |
2830 | |
2831 | |
2832 |
| 2833 |
customer with three or fewer service access lines. | 2834 |
(10) "Telecommunications" means the transmission, between or | 2835 |
among points specified by the user, of information of the user's | 2836 |
choosing, without change in the form or content of the information | 2837 |
as sent and received. | 2838 |
(11) "Telecommunications carrier" has the same meaning as in | 2839 |
the "Telecommunications Act of 1996," 110 Stat. 60, 47 U.S.C. 153. | 2840 |
(12) "Telecommunications service" means the offering of | 2841 |
telecommunications for a fee directly to the public, or to such | 2842 |
classes of users as to be effectively available directly to the | 2843 |
public, regardless of the facilities used. | 2844 |
(13) "Telephone company" means | 2845 |
division (A) | 2846 |
a public utility under section 4905.02 of the Revised Code. | 2847 |
(14) "Telephone exchange service" means telecommunications | 2848 |
service that is within a telephone exchange, or within a connected | 2849 |
system of telephone exchanges within the same exchange area | 2850 |
operated to furnish to subscribers intercommunicating service of | 2851 |
the character ordinarily furnished by a single exchange, and that | 2852 |
is covered by the exchange service charge; or comparable service | 2853 |
provided through a system of switches, transmission equipment, or | 2854 |
other facilities, or combination thereof, by which a customer can | 2855 |
originate and terminate a telecommunications service. | 2856 |
(15) "Telephone toll service" means telephone service between | 2857 |
stations in different exchange areas for which there is made a | 2858 |
separate charge not included in contracts with customers for | 2859 |
exchange service. | 2860 |
(16) "Voice over internet protocol service" means a service | 2861 |
that uses a broadband connection from an end user's location and | 2862 |
enables real-time, two-way, voice communications that originate or | 2863 |
terminate from the user's location using internet protocol or a | 2864 |
successor protocol, including, but not limited to, any such | 2865 |
service that permits an end user to receive calls from and | 2866 |
terminate calls to the public switched network. | 2867 |
(17) "Wireless service" means federally licensed commercial | 2868 |
mobile service as defined in the "Telecommunications Act of 1996," | 2869 |
110 Stat. 61, 151, 153, 47 U.S.C. 332(d) and further defined as | 2870 |
commercial mobile radio service in 47 C.F.R. 20.3. Under division | 2871 |
(A)(17) of this section, commercial mobile radio service is | 2872 |
specifically limited to mobile telephone, mobile cellular | 2873 |
telephone, paging, personal communications services, and | 2874 |
specialized mobile radio service provided by a common carrier in | 2875 |
this state and excludes fixed wireless service. | 2876 |
(18) "Wireless service provider" means a facilities-based | 2877 |
provider of wireless service to one or more end users in this | 2878 |
state. | 2879 |
(B) The definitions of this section shall be applied | 2880 |
consistent with the definitions in the "Telecommunications Act of | 2881 |
1996," 110 Stat. 56, 47 U.S.C. 151 et seq., as amended, and with | 2882 |
federal decisions interpreting those definitions. | 2883 |
Sec. 4927.02. (A) It is the policy of this state to: | 2884 |
(1) Ensure the availability of adequate basic local exchange | 2885 |
service to citizens throughout the state; | 2886 |
(2) Provide incentives for competing providers of | 2887 |
telecommunications service to provide advanced, high-quality | 2888 |
telecommunications service to citizens throughout the state; | 2889 |
(3) Rely primarily on market forces, where they | 2890 |
2891 | |
2892 | |
2893 | |
service levels for telecommunications services at reasonable | 2894 |
rates; | 2895 |
| 2896 |
industry and the deployment of advanced telecommunications | 2897 |
services; | 2898 |
| 2899 |
to create and maintain high technology jobs for Ohioans; | 2900 |
(6) Promote diversity and options in the supply of | 2901 |
telecommunications services and equipment throughout the state; | 2902 |
| 2903 |
telecommunications environment through flexible regulatory | 2904 |
treatment of | 2905 |
| 2906 |
functionally equivalent services | 2907 |
to the extent practicable, provide for equivalent regulation of | 2908 |
all telephone companies and services | 2909 |
2910 |
| 2911 |
unduly disadvantage providers of competing and functionally | 2912 |
equivalent services; and | 2913 |
| 2914 |
low-income subscribers through the continuation of federal | 2915 |
lifeline assistance programs. | 2916 |
(B) The public utilities commission shall consider the policy | 2917 |
set forth in this section in carrying out | 2918 |
2919 | |
2920 | |
2921 |
Sec. 4927.03. (A) Except as provided in divisions (A) and (B) | 2922 |
of section 4927.04 of the Revised Code and except to the extent | 2923 |
required to exercise authority under federal law, the commission | 2924 |
has no authority over any interconnected voice over internet | 2925 |
protocol-enabled service or any telecommunications service that is | 2926 |
not commercially available on the effective date of this section | 2927 |
and that employs technology that became available for commercial | 2928 |
use only after the effective date of this section, unless the | 2929 |
commission, upon a finding that the exercise of the commission's | 2930 |
authority is necessary for the protection, welfare, and safety of | 2931 |
the public, adopts rules specifying the necessary regulation. A | 2932 |
consumer purchase of a service that is not commercially available | 2933 |
on the effective date of this section and that employs technology | 2934 |
that became available for commercial use only after the effective | 2935 |
date of this section shall constitute a consumer transaction for | 2936 |
purposes of sections 1345.01 to 1345.13 of the Revised Code, | 2937 |
notwithstanding any provision of those sections to the contrary, | 2938 |
unless the commission exercises jurisdiction over the service in | 2939 |
accordance with this division. Notwithstanding any contrary | 2940 |
provision of Chapter 4911. of the Revised Code, to the extent that | 2941 |
the commission adopts rules under division (A) of this section | 2942 |
regarding any interconnected voice over internet protocol enabled | 2943 |
service provided to residential customers or regarding any | 2944 |
telecommunications service that is provided to residential | 2945 |
customers, that is not commercially available on the effective | 2946 |
date of this section, and that employs technology that became | 2947 |
available for commercial use only after the effective date of this | 2948 |
section, the office of the consumers' counsel shall have authority | 2949 |
to assist and represent residential customers in the | 2950 |
implementation and enforcement of those rules. | 2951 |
(B)(1) The commission has no authority over wireless service, | 2952 |
resellers of wireless service, or wireless service providers, | 2953 |
except as follows: | 2954 |
(a) As provided under sections 4905.84, 4931.40 to 4931.70, | 2955 |
and 4931.99 of the Revised Code; | 2956 |
(b) With respect to division (C) of section 4927.15 of the | 2957 |
Revised Code; | 2958 |
(c) As provided in divisions (B)(2), (3), and (4) of this | 2959 |
section. | 2960 |
(2) The commission has authority over wireless service and | 2961 |
wireless service providers as follows, but only to the extent | 2962 |
authorized by federal law, including federal regulations: | 2963 |
(a) To the extent that the commission carries out the acts | 2964 |
described in divisions (A), (B), (C), (D), and (F) of section | 2965 |
4927.04 of the Revised Code; | 2966 |
(b) As provided in sections 4927.05, 4927.20, and 4927.21 of | 2967 |
the Revised Code. | 2968 |
(3) The requirements of sections 4905.10, 4905.14, and | 2969 |
4911.20 of the Revised Code shall apply to a wireless service | 2970 |
provider. | 2971 |
(4) The commission has such authority as is necessary to | 2972 |
enforce division (B) of this section. | 2973 |
(C) For purposes of sections 4927.01 to 4927.21 of the | 2974 |
Revised Code, sections 4903.02, 4903.03, 4903.24, 4903.25, | 2975 |
4905.04, 4905.05, 4905.06, 4905.13, 4905.15, 4905.16, 4905.17, | 2976 |
4905.22, 4905.26, 4905.27, 4905.28, 4905.29, 4905.31, 4905.32, | 2977 |
4905.33, 4905.35, 4905.37, 4905.38, 4905.39, 4905.48, 4905.54, | 2978 |
4905.55, 4905.56, and 4905.60 of the Revised Code do not apply to | 2979 |
a telephone company or, as applicable, to an officer, employee, or | 2980 |
agent of such company or provider, except to the extent necessary | 2981 |
for the commission to carry out sections 4927.01 to 4927.21 of the | 2982 |
Revised Code. | 2983 |
(D) Except as specifically authorized in sections 4927.01 to | 2984 |
4927.21 of the Revised Code, the commission has no authority over | 2985 |
the quality of service and the service rates, terms, and | 2986 |
conditions of telecommunications service provided to end users by | 2987 |
a telephone company. | 2988 |
(E) The commission shall initially adopt the rules required | 2989 |
by this chapter not later than one hundred twenty days after the | 2990 |
effective date of this section. Subject to the authority granted | 2991 |
to the commission under this chapter, the commission may adopt | 2992 |
other rules, including rules regarding the removal from tariffs of | 2993 |
services that were required to be filed in tariffs prior to the | 2994 |
effective date of this section, as it finds necessary to carry out | 2995 |
this chapter. | 2996 |
Sec. 4927.04. The public utilities commission has such power | 2997 |
and jurisdiction as is reasonably necessary for it to perform the | 2998 |
obligations authorized by or delegated to it under federal law, | 2999 |
including federal regulations, which obligations include | 3000 |
performing the acts of a state commission as defined in the | 3001 |
"Communications Act of 1934," 48 Stat. 1064, 47 U.S.C. 153, as | 3002 |
amended, and include, but are not limited to, carrying out any of | 3003 |
the following: | 3004 |
(A) Rights and obligations under the "Telecommunications Act | 3005 |
of 1996," 110 Stat. 56, 47 U.S.C. 251, as amended; | 3006 |
(B) Authority to mediate and arbitrate disputes and approve | 3007 |
agreements under the "Telecommunications Act of 1996," 110 Stat. | 3008 |
56, 47 U.S.C. 252, as amended; | 3009 |
(C) Administration of telephone numbers and number | 3010 |
portability; | 3011 |
(D) Certification of telecommunications carriers eligible for | 3012 |
universal-service funding under 47 U.S.C. 214(e); | 3013 |
(E) Administration of truth-in-billing; | 3014 |
(F) Administration of customer proprietary network | 3015 |
information under 47 U.S.C. 222 and federal regulations adopted | 3016 |
thereunder; | 3017 |
(G) Outage reporting consistent with federal requirements. | 3018 |
Except as provided in division (C) of section 4927.03 of the | 3019 |
Revised Code, the commission has power and jurisdiction under this | 3020 |
section over a telecommunications carrier to the extent necessary | 3021 |
to perform the obligations described in this section. Nothing in | 3022 |
this chapter limits the commission's authority under the | 3023 |
"Telecommunications Act of 1996," 110 Stat. 56, 47 U.S.C. 151, et | 3024 |
seq., as amended, including the commission's authority over the | 3025 |
provision of universal-service funding. | 3026 |
Sec. 4927.05. (A)(1) No telephone company shall operate in | 3027 |
this state without first obtaining a certificate from the public | 3028 |
utilities commission, and no wireless service provider shall | 3029 |
operate in this state without first being registered with the | 3030 |
commission. A telephone company not holding such a certificate on | 3031 |
the effective date of this section, or a wireless service provider | 3032 |
not so registered on that date, shall file, respectively, a | 3033 |
certification application or registration with the commission, | 3034 |
each in the manner set forth in rules adopted by the commission. | 3035 |
The application or registration shall include all of the | 3036 |
following: | 3037 |
(a) The company's or provider's name and address; | 3038 |
(b) The name of a contact person and that person's contact | 3039 |
information; | 3040 |
(c) A service description, including the general geographic | 3041 |
areas served, but not maps of service areas; | 3042 |
(d) Evidence of registration with the secretary of state; | 3043 |
(e) Evidence of notice to the public utilities tax division | 3044 |
of the department of taxation of the company's or provider's | 3045 |
intent to provide service; | 3046 |
(f) As to a certification application, evidence of financial, | 3047 |
technical, and managerial ability to provide adequate service to | 3048 |
the public consistent with law. | 3049 |
Division (A)(1) of this section does not apply to any | 3050 |
incumbent local exchange carrier with respect to its geographic | 3051 |
service area as that area existed on the effective date of this | 3052 |
section. | 3053 |
(2) The commission may suspend or reject the certification | 3054 |
application of a telephone company if it finds, within thirty days | 3055 |
after the application's submission and based on the evidence | 3056 |
provided under division (A)(1)(f) of this section, that the | 3057 |
applicant lacks financial, technical, or managerial ability | 3058 |
sufficient to provide adequate service to the public consistent | 3059 |
with law. | 3060 |
(B) If any of the filed information described in divisions | 3061 |
(A)(1)(a) to (f) of this section changes, a telephone company | 3062 |
shall update its certification and provide any necessary notice to | 3063 |
customers, and a wireless service provider shall update its | 3064 |
registration. The commission shall adopt rules governing the | 3065 |
requirements of this division. | 3066 |
Sec. 4927.06. (A) No telephone company shall commit any | 3067 |
unfair or deceptive act or practice in connection with the | 3068 |
offering or provision of any telecommunications service in this | 3069 |
state. A failure to comply with any of the following requirements | 3070 |
shall constitute an unfair or deceptive act or practice by a | 3071 |
telephone company: | 3072 |
(1) Any communication by the company, including, but not | 3073 |
limited to, a solicitation, offer, or contract term or condition, | 3074 |
shall be truthful, clear, conspicuous, and accurate in disclosing | 3075 |
any material terms and conditions of service and any material | 3076 |
exclusions or limitations. | 3077 |
(2) Any written service solicitation, marketing material, | 3078 |
offer, contract, or agreement, as well as any written response | 3079 |
from the company to a service-related inquiry or complaint that | 3080 |
the company receives from a customer or others, shall disclose the | 3081 |
company's name and contact information. | 3082 |
(3) The company shall inform its customers, as applicable and | 3083 |
in any reasonable manner, of their rights and responsibilities | 3084 |
concerning inside wire, the repair and maintenance of | 3085 |
customer-owned equipment, and the use of a network interface | 3086 |
device, and of any charges that the company imposes for a | 3087 |
diagnostic visit, consistent with rules adopted by the public | 3088 |
utilities commission. | 3089 |
(4) The company shall not commit any act, practice, or | 3090 |
omission that the commission determines, by rulemaking under | 3091 |
section 4927.03 of the Revised Code or adjudication under section | 3092 |
4927.21 of the Revised Code, constitutes an unfair or deceptive | 3093 |
act or practice in connection with the offering or provision of | 3094 |
telecommunications service in this state. | 3095 |
(B) The commission shall provide notice to all telephone | 3096 |
companies specifying any act, practice, or omission that it | 3097 |
prescribes pursuant to division (A)(4) of this section. No | 3098 |
telephone company is liable for any act, practice, or omission | 3099 |
absent that notice and adequate time for implementation. | 3100 |
(C) This section does not apply to wireless service. A | 3101 |
consumer purchase of wireless service or a related product shall | 3102 |
constitute a consumer transaction for purposes of sections 1345.01 | 3103 |
to 1345.13 of the Revised Code, notwithstanding any provision of | 3104 |
those sections to the contrary. | 3105 |
Sec. 4927.07. (A) A telephone company may withdraw any | 3106 |
telecommunications service if it gives at least thirty days' prior | 3107 |
notice to the public utilities commission and to its affected | 3108 |
customers. | 3109 |
(B) A telephone company may abandon entirely | 3110 |
telecommunications service in this state if it gives at least | 3111 |
thirty days' prior notice to the commission, to its wholesale and | 3112 |
retail customers, and to any telephone company wholesale provider | 3113 |
of its services. | 3114 |
(C) Divisions (A) and (B) of this section do not apply to any | 3115 |
of the following: | 3116 |
(1) Basic local exchange service provided by an incumbent | 3117 |
local exchange carrier; | 3118 |
(2) Pole attachments under section 4905.71 of the Revised | 3119 |
Code; | 3120 |
(3) Conduit occupancy under section 4905.71 of the Revised | 3121 |
Code; | 3122 |
(4) Interconnection and resale agreements approved under the | 3123 |
"Telecommunications Act of 1996," 110 Stat. 56, 47 U.S.C. 151 et | 3124 |
seq., as amended. | 3125 |
(D) An incumbent local exchange carrier may not withdraw or | 3126 |
abandon basic local exchange service. | 3127 |
(E) A telephone company may not, without first filing a | 3128 |
request with the commission and obtaining commission approval, | 3129 |
withdraw any tariff filed with the commission for pole attachments | 3130 |
or conduit occupancy under section 4905.71 of the Revised Code or | 3131 |
abandon service provided under that section. | 3132 |
Sec. 4927.08. (A) A telephone company providing basic local | 3133 |
exchange service shall conduct its operations so as to ensure that | 3134 |
the service is available, adequate, and reliable, consistent with | 3135 |
applicable industry standards. | 3136 |
(B) The public utilities commission shall adopt rules | 3137 |
prescribing the following standards for the provision of basic | 3138 |
local exchange service, and shall adopt no other rules regarding | 3139 |
that service except as expressly authorized in this chapter: | 3140 |
(1) Basic local exchange service shall be installed within | 3141 |
five business days of the receipt by a telephone company of a | 3142 |
completed application for that service. | 3143 |
(2) A basic local exchange service outage or | 3144 |
service-affecting problem shall be repaired within seventy-two | 3145 |
hours after it is reported to the telephone company, and the | 3146 |
telephone company shall make reasonable efforts to repair a basic | 3147 |
local exchange service outage within twenty-four hours, excluding | 3148 |
Sundays and legal holidays, after the outage is reported to the | 3149 |
telephone company. | 3150 |
(3)(a) Except as provided in division (B)(3)(b) of this | 3151 |
section, if a basic local exchange service outage is reported to | 3152 |
the telephone company and lasts more than seventy-two hours, the | 3153 |
telephone company shall credit every affected customer in the | 3154 |
amount of one month's charges for basic local exchange service. | 3155 |
(b) If the outage is caused by a customer, the telephone | 3156 |
company may elect not to credit that customer. | 3157 |
(4) No telephone company shall establish a due date earlier | 3158 |
than fourteen consecutive days after the date the bill is | 3159 |
postmarked for a bill for basic local exchange service provided to | 3160 |
end users. | 3161 |
(5) A telephone company may disconnect basic local exchange | 3162 |
service for nonpayment of any amount past due on a billed account | 3163 |
not earlier than fourteen days after the due date of the | 3164 |
customer's bill, provided that the customer is given notice of the | 3165 |
disconnection seven days before the disconnection. | 3166 |
(6) A telephone company may require a deposit, not to exceed | 3167 |
two hundred thirty per cent of a reasonable estimate of one | 3168 |
month's service charges, for the installation of basic local | 3169 |
exchange service for any person that it determines, in its | 3170 |
discretion, is not creditworthy. | 3171 |
(7) A telephone company shall, unless prevented from doing so | 3172 |
by circumstances beyond the telephone company's control or unless | 3173 |
the customer requests otherwise, reconnect a customer whose basic | 3174 |
local exchange service was disconnected for nonpayment of past due | 3175 |
charges not later than one business day after the day the earlier | 3176 |
of the following occurs: | 3177 |
(a) The receipt by the telephone company of the full amount | 3178 |
of past due charges; | 3179 |
(b) The receipt by the telephone company of the first payment | 3180 |
under a mutually agreed-upon payment arrangement. | 3181 |
(C) The rules described in division (B) of this section shall | 3182 |
provide for a waiver of the standards described in that division | 3183 |
in circumstances determined appropriate by the commission. | 3184 |
Sec. 4927.09. Every telephone company providing telephone | 3185 |
exchange service shall maintain access to 9-1-1 service on a | 3186 |
residential customer's line for a minimum of fourteen consecutive | 3187 |
days immediately following any disconnection for nonpayment of a | 3188 |
customer's telephone exchange service. | 3189 |
Sec. 4927.10. (A) The public utilities commission shall | 3190 |
implement community-voicemail service for individuals who are in a | 3191 |
state of transition and have no access to traditional telephone | 3192 |
exchange service or readily available alternatives, including the | 3193 |
homeless, clients of battered-spouse programs, and displaced | 3194 |
veterans. The commission shall establish a competitive bidding | 3195 |
process to implement this service throughout this state. Not later | 3196 |
than one year after the effective date of this section, the | 3197 |
commission shall select one or more vendors of this service | 3198 |
through that competitive bidding process. The commission shall | 3199 |
preference not-for-profit entities that offer this service. The | 3200 |
commission may not contract for the service if the contract | 3201 |
extends beyond five years from the effective date of this section | 3202 |
or if the total amount of annual expenditures under all contracts | 3203 |
exceeds one million dollars. | 3204 |
(B) For the sole purpose of funding the community-voicemail | 3205 |
service implemented under this section, the commission shall, | 3206 |
before the first of July of each year beginning in 2011, impose on | 3207 |
and collect from each telephone company that is a local exchange | 3208 |
carrier an annual assessment to pay for costs incurred by vendors | 3209 |
under any contract for the provision of the service in this state. | 3210 |
(C) The assessment imposed under division (B) of this section | 3211 |
shall be allocated proportionately among all local exchange | 3212 |
carriers using a competitively neutral formula established by the | 3213 |
commission in rules and based on the number of retail, intrastate, | 3214 |
customer-access lines, or the equivalent, of each carrier. The | 3215 |
commission shall, at the time that it imposes assessments under | 3216 |
division (B) of this section and after the first year that | 3217 |
assessments are imposed, annually reconcile the assessments | 3218 |
imposed with the actual costs of the provision of the | 3219 |
community-voicemail service for the previous year and shall either | 3220 |
proportionately charge the local exchange carriers for any amounts | 3221 |
not sufficient to cover the actual costs or proportionately credit | 3222 |
amounts collected in excess of the actual costs. The total amount | 3223 |
assessed from all local exchange carriers shall not exceed the | 3224 |
total costs of the provision of the community-voicemail service | 3225 |
for the previous year. | 3226 |
(D) Each local exchange carrier that pays an assessment under | 3227 |
division (B) of this section may recover the cost of the | 3228 |
assessment. The method of recovery may include a customer billing | 3229 |
surcharge. In no event may the carrier specifically reference any | 3230 |
charge for recovery of the assessment on any customer's bill. | 3231 |
(E) The commission shall deposit the money collected under | 3232 |
division (B) of this section in the community-voicemail service | 3233 |
fund, which is hereby created in the state treasury. The | 3234 |
commission shall use the money in that fund solely to compensate | 3235 |
the vendors selected by the commission to provide the service. | 3236 |
(F) The commission shall take any measures that it considers | 3237 |
necessary to protect the confidentiality of information provided | 3238 |
to the commission under this section by local exchange carriers | 3239 |
required to pay assessments. | 3240 |
(G) The commission may assess a forfeiture of not more than | 3241 |
one thousand dollars on any local exchange carrier that fails to | 3242 |
comply with this section. Each day of continued violation of this | 3243 |
section shall constitute a separate offense. The forfeiture shall | 3244 |
be recovered in accordance with sections 4905.55 to 4905.60 of the | 3245 |
Revised Code. | 3246 |
(H) The commission may adopt rules as it finds necessary to | 3247 |
carry out this section, except that the commission shall adopt | 3248 |
rules under section 111.15 of the Revised Code to establish the | 3249 |
competitive bidding process and the assessment amounts and | 3250 |
procedures. | 3251 |
Sec. 4927.11. (A) Except as otherwise provided in this | 3252 |
section, an incumbent local exchange carrier shall provide basic | 3253 |
local exchange service to all persons or entities in its service | 3254 |
area requesting that service, and that service shall be provided | 3255 |
on a reasonable and nondiscriminatory basis. | 3256 |
(B)(1) An incumbent local exchange carrier is not obligated | 3257 |
to construct facilities and provide basic local exchange service, | 3258 |
or any other telecommunications service, to the occupants of | 3259 |
multitenant real estate, including, but not limited to, | 3260 |
apartments, condominiums, subdivisions, office buildings, or | 3261 |
office parks, if the owner, operator, or developer of the | 3262 |
multitenant real estate does any of the following to the benefit | 3263 |
of any other telecommunications service provider: | 3264 |
(a) Permits only one provider of telecommunications service | 3265 |
to install the company's facilities or equipment during the | 3266 |
construction or development phase of the multitenant real estate; | 3267 |
(b) Accepts or agrees to accept incentives or rewards that | 3268 |
are offered by a telecommunications service provider to the owner, | 3269 |
operator, developer, or occupants of the multitenant real estate | 3270 |
and are contingent on the provision of telecommunications service | 3271 |
by that provider to the occupants, to the exclusion of services | 3272 |
provided by other telecommunications service providers; | 3273 |
(c) Collects from the occupants of the multitenant real | 3274 |
estate any charges for the provision of telecommunications service | 3275 |
to the occupants, including charges collected through rents, fees, | 3276 |
or dues. | 3277 |
(2) A carrier not obligated to construct facilities and | 3278 |
provide basic local exchange service pursuant to division (B)(1) | 3279 |
of this section shall notify the public utilities commission of | 3280 |
that fact within one hundred twenty days of receiving knowledge | 3281 |
thereof. | 3282 |
(3) The commission by rule may establish a process for | 3283 |
determining a necessary successor telephone company to provide | 3284 |
service to real estate described in division (B)(1) of this | 3285 |
section when the circumstances described in that division cease to | 3286 |
exist. | 3287 |
(4) An incumbent local exchange carrier that receives a | 3288 |
request from any person or entity to provide service under the | 3289 |
circumstances described in division (B)(1) of this section shall, | 3290 |
within fifteen days of such receipt, provide notice to the person | 3291 |
or entity specifying whether the carrier will provide the | 3292 |
requested service. If the carrier provides notice that it will not | 3293 |
serve the person or entity, the notice shall describe the person's | 3294 |
or entity's right to file a complaint with the commission under | 3295 |
section 4927.21 of the Revised Code within thirty days after | 3296 |
receipt of the notice. In resolving any such complaint, the | 3297 |
commission's determination shall be limited to whether any | 3298 |
circumstance described in divisions (B)(1)(a) to (c) of this | 3299 |
section exists. Upon a finding by the commission that such a | 3300 |
circumstance exists, the complaint shall be dismissed. Upon a | 3301 |
finding that such circumstances do not exist, the person's or | 3302 |
entity's sole remedy shall be provision by the carrier of the | 3303 |
requested service within a reasonable time. | 3304 |
(C) An incumbent local exchange carrier may apply to the | 3305 |
commission for a waiver from compliance with division (A) of this | 3306 |
section. The application shall include, at a minimum, the reason | 3307 |
for the requested waiver, the number of persons or entities who | 3308 |
would be impacted by the waiver, and the alternatives that would | 3309 |
be available to those persons or entities if the waiver were | 3310 |
granted. The incumbent local exchange carrier applying for the | 3311 |
waiver shall publish notice of the waiver application one time in | 3312 |
a newspaper of general circulation throughout the service area | 3313 |
identified in the application and shall provide additional notice | 3314 |
to affected persons or entities as required by the commission in | 3315 |
rules adopted under this division. The commission's rules shall | 3316 |
define "affected" for purposes of this division. The commission | 3317 |
shall afford such persons or entities a reasonable opportunity to | 3318 |
comment to the commission on the application. This opportunity | 3319 |
shall include a public hearing conducted in accordance with rules | 3320 |
adopted under this division and conducted in the service area | 3321 |
identified in the application. After a reasonable opportunity to | 3322 |
comment has been provided, but not later than one hundred twenty | 3323 |
days after the application is filed, the commission either shall | 3324 |
issue an order granting the waiver if, upon investigation, it | 3325 |
finds the waiver to be just, reasonable, and not contrary to the | 3326 |
public interest, and that the applicant demonstrates a financial | 3327 |
hardship or an unusual technical limitation, or shall issue an | 3328 |
order denying the waiver based on a failure to meet those | 3329 |
standards and specifying the reasons for the denial. The | 3330 |
commission shall adopt rules to implement division (C) of this | 3331 |
section. | 3332 |
Sec. 4927.12. (A) As used in this section, "exchange area" | 3333 |
means a geographical service area established by an incumbent | 3334 |
local exchange carrier and approved by the public utilities | 3335 |
commission. | 3336 |
(B) Subject to divisions (C), (D), and (E) of this section, | 3337 |
and upon not less than thirty days' notice to the public utilities | 3338 |
commission and to affected customers, an incumbent local exchange | 3339 |
carrier may alter its rates for basic local exchange service. | 3340 |
(C) In addition to the requirements of division (B) of this | 3341 |
section, all of the following apply to any upward alteration of | 3342 |
rates for basic local exchange service made under that division: | 3343 |
(1) If the incumbent local exchange carrier, within twelve | 3344 |
months prior to the effective date of this section, increased the | 3345 |
carrier's rates for basic local exchange service for an exchange | 3346 |
area, both of the following apply: | 3347 |
(a) The incumbent local exchange carrier may not alter the | 3348 |
carrier's rates for basic local exchange service for the exchange | 3349 |
area upward by any amount during the period that ends twelve | 3350 |
months after the date of the last increase of the rates for basic | 3351 |
local exchange service. | 3352 |
(b) In no event may the incumbent local exchange carrier, | 3353 |
during the twelve-month period that begins immediately after the | 3354 |
end date of the period described in division (C)(1)(a) of this | 3355 |
section, and during any subsequent twelve-month period, alter the | 3356 |
carrier's rates for basic local exchange service upward for the | 3357 |
exchange area by more than the amount authorized for an annual | 3358 |
increase in the rate for basic local exchange service by division | 3359 |
(A) of rule 4901:1-4-11 of the Ohio Administrative Code as that | 3360 |
rule existed on the effective date of this section. | 3361 |
(2) If the incumbent local exchange carrier did not, within | 3362 |
twelve months prior to the effective date of this section, | 3363 |
increase the carrier's rates for basic local exchange service for | 3364 |
an exchange area, and if the commission has made a prior | 3365 |
determination that the exchange area qualified for alternative | 3366 |
regulation of basic local exchange service under Chapter 4901:1-4 | 3367 |
of the Ohio Administrative Code as that chapter existed on the | 3368 |
effective date of this section, in no event may the incumbent | 3369 |
local exchange carrier, during the twelve-month period that begins | 3370 |
on the effective date of this section, and during any subsequent | 3371 |
twelve-month period, alter the carrier's rates for basic local | 3372 |
exchange service upward for the exchange area by more than the | 3373 |
amount described in division (C)(1)(b) of this section. | 3374 |
(3)(a) If the commission has not made a prior determination | 3375 |
that the exchange area qualified for alternative regulation of | 3376 |
basic local exchange service under Chapter 4901:1-4 of the Ohio | 3377 |
Administrative Code as that chapter existed on the effective date | 3378 |
of this section, an incumbent local exchange carrier may not alter | 3379 |
its rates for basic local exchange service upward for that | 3380 |
exchange area unless the carrier first applies to the commission | 3381 |
and the commission determines that the application demonstrates | 3382 |
that two or more alternative providers offer, in the exchange | 3383 |
area, competing service to the basic local exchange service | 3384 |
offered by an incumbent local exchange carrier in the exchange | 3385 |
area, regardless of the technology and facilities used by the | 3386 |
alternative provider, the alternative provider's location, and the | 3387 |
extent of the alternative provider's service area within the | 3388 |
exchange area. An alternative provider includes a telephone | 3389 |
company, including a wireless service provider, a | 3390 |
telecommunications carrier, and a provider of internet | 3391 |
protocol-enabled services, including voice over internet protocol. | 3392 |
(b) Upon the filing of an application under division | 3393 |
(C)(3)(a) of this section, the commission shall be deemed to have | 3394 |
found that the application meets the requirements of that division | 3395 |
unless the commission, within thirty days after the filing of the | 3396 |
application, issues an order finding that the requirements have | 3397 |
not been met. | 3398 |
(c) In no event may an incumbent local exchange carrier that | 3399 |
applies to the commission under division (C)(3)(a) of this | 3400 |
section, during the twelve-month period that begins on the | 3401 |
thirty-first day after the company files the application, and | 3402 |
during any subsequent twelve-month period, alter the carrier's | 3403 |
rates for basic local exchange service upward for the exchange | 3404 |
area to which the application applies by more than the amount | 3405 |
described in division (C)(1)(b) of this section. | 3406 |
(4) In no event may an incumbent local exchange carrier, | 3407 |
before January 1, 2012, alter the carrier's rates for basic local | 3408 |
exchange service upward for a customer receiving lifeline service | 3409 |
under section 4927.13 of the Revised Code. | 3410 |
(D) Except as provided in division (E) of this section, no | 3411 |
banking of upward rate alterations made under division (B) of this | 3412 |
section is permitted. | 3413 |
(E) At any time and upon not less than thirty days' notice to | 3414 |
the commission and to affected customers, an incumbent local | 3415 |
exchange carrier owned and operated exclusively by and solely for | 3416 |
its customers may alter its rates for basic local exchange service | 3417 |
by any amount. | 3418 |
(F) The rates, terms, and conditions for basic local exchange | 3419 |
service and for installation and reconnection fees for basic local | 3420 |
exchange service shall be tariffed in the manner prescribed by | 3421 |
rule adopted by the commission. | 3422 |
Sec. 4927.13. (A) An incumbent local exchange carrier that | 3423 |
is an eligible telecommunications carrier under 47 C.F.R. 54.201 | 3424 |
shall implement lifeline service throughout the carrier's | 3425 |
traditional service area for its eligible residential customers. | 3426 |
(1) Lifeline service shall consist of all of the following: | 3427 |
(a) Flat-rate, monthly, primary access line service with | 3428 |
touch-tone service, at a recurring discount to the monthly basic | 3429 |
local exchange service rate that provides for the maximum | 3430 |
contribution of federally available assistance; | 3431 |
(b) Not more than once per customer at a single address in a | 3432 |
twelve-month period, a waiver of all nonrecurring service order | 3433 |
charges for establishing service; | 3434 |
(c) Free blocking of toll service, 900 service, and 976 | 3435 |
service. | 3436 |
The carrier may offer to lifeline service customers any other | 3437 |
services and bundle or package of services at the prevailing | 3438 |
prices, less the lifeline discount. | 3439 |
(2) The carrier also shall offer special payment arrangements | 3440 |
to lifeline service customers that have past due bills for | 3441 |
regulated local service charges, with the initial payment not to | 3442 |
exceed twenty-five dollars before service is installed, and the | 3443 |
balance for regulated local service charges to be paid over six, | 3444 |
equal, monthly payments. Lifeline service customers with past due | 3445 |
bills for toll service charges shall have toll restricted service | 3446 |
until the past due toll service charges have been paid or until | 3447 |
the customer establishes service with another toll service | 3448 |
provider. | 3449 |
(3)(a) Every incumbent local exchange carrier required to | 3450 |
implement lifeline service under division (A) of this section | 3451 |
shall establish an annual marketing budget for promoting lifeline | 3452 |
service and performing outreach regarding lifeline service. All | 3453 |
funds allocated to this budget shall be spent for the promotion | 3454 |
and marketing of lifeline service and outreach regarding lifeline | 3455 |
service and only for those purposes and not for any administrative | 3456 |
costs of implementing lifeline service. All activities relating to | 3457 |
the promotion of, marketing of, and outreach regarding lifeline | 3458 |
service shall be coordinated through a single advisory board | 3459 |
composed of staff of the public utilities commission, the office | 3460 |
of the consumers' counsel, consumer groups representing low-income | 3461 |
constituents, two representatives from the Ohio association of | 3462 |
community action agencies, and, except as provided in division | 3463 |
(A)(3)(b) of this section, every incumbent local exchange carrier | 3464 |
required to implement lifeline service under division (A) of this | 3465 |
section. The public utilities commission may review and approve | 3466 |
decisions of the advisory board in accordance with commission | 3467 |
rules, including decisions on how the lifeline marketing, | 3468 |
promotion, and outreach activities are implemented. | 3469 |
(b) Division (A)(3)(a) of this section does not apply to an | 3470 |
incumbent local exchange carrier with fewer than fifty thousand | 3471 |
access lines. | 3472 |
(4) All other aspects of the carrier's state-specific | 3473 |
lifeline service shall be consistent with federal requirements. | 3474 |
(B) The rates, terms, and conditions for the carrier's | 3475 |
lifeline service shall be tariffed in the manner prescribed by | 3476 |
rule adopted by the public utilities commission. | 3477 |
(C)(1) Eligibility for lifeline service under division (A) of | 3478 |
this section shall be based on either of the following criteria: | 3479 |
(a) An individual's verifiable participation in any federal | 3480 |
or state low-income assistance program, specified in rules adopted | 3481 |
by the commission, that limits assistance based on household | 3482 |
income; | 3483 |
(b) Other verification that an individual's household income | 3484 |
is at or below one hundred fifty per cent of the federal poverty | 3485 |
level. | 3486 |
The public utilities commission shall adopt rules | 3487 |
establishing requirements for the implementation of automatic | 3488 |
enrollment of eligible individuals for lifeline assistance. The | 3489 |
public utilities commission shall work with the appropriate state | 3490 |
agencies that administer federal or state low-income assistance | 3491 |
programs and with carriers to negotiate and acquire information | 3492 |
necessary to verify an individual's eligibility and the data | 3493 |
necessary to automatically enroll eligible individuals for | 3494 |
lifeline service. Every incumbent local exchange carrier required | 3495 |
to implement lifeline service under division (A) of this section | 3496 |
shall implement automatic enrollment in accordance with the | 3497 |
applicable rules of the public utilities commission and to the | 3498 |
extent that appropriate state agencies are able to accommodate the | 3499 |
automatic enrollment. | 3500 |
(2) The carrier shall provide written notification if the | 3501 |
carrier determines that an individual is not eligible for lifeline | 3502 |
service and shall provide the individual an additional thirty days | 3503 |
to prove eligibility. | 3504 |
(3) The carrier shall provide written customer notification | 3505 |
if a customer's lifeline service is to be terminated due to | 3506 |
failure to submit acceptable documentation for continued | 3507 |
eligibility for that assistance and shall provide the customer an | 3508 |
additional sixty days to submit acceptable documentation of | 3509 |
continued eligibility or dispute the carrier's findings regarding | 3510 |
termination of the lifeline service. | 3511 |
(D) An incumbent local exchange carrier required to implement | 3512 |
lifeline service under division (A) of this section may establish | 3513 |
a surcharge, applied to end users of the carrier's | 3514 |
telecommunications service other than lifeline service customers, | 3515 |
to recover any lifeline service discounts and any other lifeline | 3516 |
service expenses that the public utilities commission prescribes | 3517 |
by rule and that are not recovered through federal or state | 3518 |
funding. The public utilities commission has the authority to | 3519 |
review the surcharge, which shall be established to prevent | 3520 |
overrecovery by the carrier. No incumbent local exchange carrier | 3521 |
may specifically reference the surcharge on any customer's bill. | 3522 |
(E) Every incumbent local exchange carrier required to | 3523 |
implement lifeline service under division (A) of this section | 3524 |
shall annually file with the public utilities commission a report | 3525 |
that identifies the number of its customers who receive, at the | 3526 |
time of the filing of the report, lifeline service. | 3527 |
Sec. 4927.14. The public utilities commission may adopt | 3528 |
rules requiring any telephone company that is a telephone toll | 3529 |
service provider to offer discounts for operator-assisted and | 3530 |
direct-dial services for persons with communication disabilities. | 3531 |
Sec. 4927.15. (A) The rates, terms, and conditions for 9-1-1 | 3532 |
service provided in this state by a telephone company or a | 3533 |
telecommunications carrier and each of the following provided in | 3534 |
this state by a telephone company shall be approved and tariffed | 3535 |
in the manner prescribed by rule adopted by the public utilities | 3536 |
commission and shall be subject to the applicable laws, including | 3537 |
rules or regulations adopted and orders issued by the commission | 3538 |
or the federal communications commission and, including, as to | 3539 |
9-1-1 service, sections 4931.40 to 4931.70 and 4931.99 of the | 3540 |
Revised Code: | 3541 |
(1) Carrier access; | 3542 |
(2) N-1-1 services, other than 9-1-1 service; | 3543 |
(3) Pole attachments and conduit occupancy under section | 3544 |
4905.71 of the Revised Code; | 3545 |
(4) Pay telephone access lines; | 3546 |
(5) Toll presubscription; | 3547 |
(6) Telecommunications relay service. | 3548 |
(B) The public utilities commission may order changes in a | 3549 |
telephone company's rates for carrier access in this state subject | 3550 |
to this division. In the event that the public utilities | 3551 |
commission reduces a telephone company's rates for carrier access | 3552 |
that are in effect on the effective date of this section, that | 3553 |
reduction shall be on a revenue-neutral basis under terms and | 3554 |
conditions established by the public utilities commission, and any | 3555 |
resulting rate changes necessary to comply with division (B) or | 3556 |
(C) of this section shall be in addition to any upward rate | 3557 |
alteration made under section 4927.12 of the Revised Code. | 3558 |
(C) The public utilities commission has authority to address | 3559 |
carrier access policy and to create and administer mechanisms for | 3560 |
carrier access reform, including, but not limited to, high cost | 3561 |
support. | 3562 |
Sec. 4927.16. (A) The public utilities commission shall not | 3563 |
establish any requirements for the unbundling of network elements, | 3564 |
for the resale of telecommunications service, or for network | 3565 |
interconnection that exceed or are inconsistent with or prohibited | 3566 |
by federal law, including federal regulations. | 3567 |
(B) The commission shall not establish pricing for such | 3568 |
unbundled elements, resale, or interconnection that is | 3569 |
inconsistent with or prohibited by federal law, including federal | 3570 |
regulations, and shall comply with federal law, including federal | 3571 |
regulations, in establishing such pricing. | 3572 |
Sec. 4927.17. (A) Except as provided in section 4927.10 of | 3573 |
the Revised Code, a telephone company shall provide at least | 3574 |
fifteen days' advance notice to its affected customers of any | 3575 |
material change in the rates, terms, and conditions of a service | 3576 |
and any change in the company's operations that are not | 3577 |
transparent to customers and may impact service. | 3578 |
(B) A telephone company shall inform its customers of the | 3579 |
public utilities commission's toll-free number and e-mail address | 3580 |
on all bills and disconnection notices and any residential | 3581 |
customers of the office of the consumers' counsel's toll-free | 3582 |
number and e-mail address on all residential bills and | 3583 |
disconnection notices. | 3584 |
Sec. 4927.18. The public utilities commission may adopt | 3585 |
rules regarding the rates, terms, and conditions of intrastate | 3586 |
telecommunications service initiated from a telephone instrument | 3587 |
set aside for use by inmates or juvenile offenders by authorities | 3588 |
of a secured correctional facility. | 3589 |
Sec. 4927.19. The public utilities commission may | 3590 |
investigate or examine the books, records, or practices of any | 3591 |
telephone company, but only to the extent of the commission's | 3592 |
jurisdiction over the company under sections 4927.01 to 4927.21 of | 3593 |
the Revised Code. Subject to that limitation, the commission may | 3594 |
do any of the following: | 3595 |
(A) Through its commissioners or by inspectors or employees | 3596 |
authorized by it, examine the books, records, contracts, | 3597 |
documents, and papers of any such company for any purpose | 3598 |
incidental to the commission's authority under those sections; | 3599 |
(B) By subpoena duces tecum, compel the production of such | 3600 |
books, records, contracts, documents, and papers; | 3601 |
(C) Compel the attendance of such witnesses as it requires to | 3602 |
give evidence in connection with such an investigation. | 3603 |
Sec. 4927.20. To the extent subject to the public utilities | 3604 |
commission's jurisdiction under this chapter, all of the following | 3605 |
shall comply with every order, direction, and requirement of the | 3606 |
commission made under authority of this chapter: | 3607 |
(A) Every telephone company, including every wireless service | 3608 |
provider; | 3609 |
(B) Every telecommunications carrier; | 3610 |
(C) Every provider of internet protocol-enabled services, | 3611 |
including voice over internet protocol. | 3612 |
Sec. 4927.21. (A) Any person may file with the public | 3613 |
utilities commission, or the commission may initiate, a complaint | 3614 |
against a telephone company other than a wireless service | 3615 |
provider, alleging that any rate, practice, or service of the | 3616 |
company is unjust, unreasonable, unjustly discriminatory, or in | 3617 |
violation of or noncompliance with any provision of sections | 3618 |
4927.01 to 4927.20 of the Revised Code or a rule or order adopted | 3619 |
or issued under those sections. Any dispute between telephone | 3620 |
companies, between telephone companies and wireless service | 3621 |
providers, or between wireless service providers that is within | 3622 |
the commission's jurisdiction under sections 4927.01 to 4927.20 of | 3623 |
the Revised Code may be brought by a filing pursuant to this | 3624 |
division. | 3625 |
(B) If it appears that reasonable grounds for complaint are | 3626 |
stated by a complaint filed under division (A) of this section, | 3627 |
the commission shall fix a time for hearing and shall notify | 3628 |
complainants and the telephone company or wireless service | 3629 |
provider thereof. The parties to the complaint shall be entitled | 3630 |
to be heard, represented by counsel, and to have a process for the | 3631 |
attendance of witnesses. | 3632 |
(C) If the commission after hearing in a proceeding under | 3633 |
division (B) of this section makes a finding against the party | 3634 |
complained of, the commission may do either or both of the | 3635 |
following: | 3636 |
(1) Determine, but only to the extent authorized under | 3637 |
sections 4927.01 to 4927.20 of the Revised Code, the rate, | 3638 |
practice, or service thereafter to be adopted and observed, | 3639 |
including any appropriate remedy for a complaint; | 3640 |
(2) Assess a forfeiture of not more than ten thousand dollars | 3641 |
for each violation or failure. Each day's continuance of the | 3642 |
violation or failure is a separate offense, and all occurrences of | 3643 |
a violation or failure on each such day shall be deemed one | 3644 |
violation. All forfeitures authorized under this section are | 3645 |
cumulative, and a suit for and recovery of one does not bar the | 3646 |
recovery of any other. Collected forfeitures shall be deposited | 3647 |
into the state treasury to the credit of the general revenue fund. | 3648 |
Actions to recover such forfeitures shall be prosecuted in the | 3649 |
name of the state and shall be brought in the court of common | 3650 |
pleas of any county in which the party complained of is located. | 3651 |
The attorney general shall commence such actions and prosecute | 3652 |
them when the commission directs. | 3653 |
(D) The commission also may suspend, rescind, or | 3654 |
conditionally rescind the certification of a telephone company | 3655 |
under section 4927.05 of the Revised Code under either of the | 3656 |
following circumstances: | 3657 |
(1) The commission determines, after notice and opportunity | 3658 |
for hearing, that the telephone company has failed to comply with | 3659 |
any provision of section 4905.10 or 4905.14 of the Revised Code. | 3660 |
(2) The commission determines in a proceeding under division | 3661 |
(B) of this section that the telephone company has willfully or | 3662 |
repeatedly failed to comply with any other applicable state or | 3663 |
federal law. | 3664 |
(E) The commission has no authority to order credits to any | 3665 |
customer of a telephone company, except in response to a complaint | 3666 |
determined in accordance with this section. | 3667 |
(F) Upon request of the commission, the attorney general may | 3668 |
commence and prosecute such action or proceeding in mandamus, by | 3669 |
injunction, or by other appropriate civil remedy in the name of | 3670 |
the state, as is directed by the commission, alleging any | 3671 |
violation or noncompliance specified in division (A) of this | 3672 |
section, and praying for such proper relief as the court may | 3673 |
prescribe. | 3674 |
Sec. 4929.02. (A) It is the policy of this state to, | 3675 |
throughout this state: | 3676 |
(1) Promote the availability to consumers of adequate, | 3677 |
reliable, and reasonably priced natural gas services and goods; | 3678 |
(2) Promote the availability of unbundled and comparable | 3679 |
natural gas services and goods that provide wholesale and retail | 3680 |
consumers with the supplier, price, terms, conditions, and quality | 3681 |
options they elect to meet their respective needs; | 3682 |
(3) Promote diversity of natural gas supplies and suppliers, | 3683 |
by giving consumers effective choices over the selection of those | 3684 |
supplies and suppliers; | 3685 |
(4) Encourage innovation and market access for cost-effective | 3686 |
supply- and demand-side natural gas services and goods; | 3687 |
(5) Encourage cost-effective and efficient access to | 3688 |
information regarding the operation of the distribution systems of | 3689 |
natural gas companies in order to promote effective customer | 3690 |
choice of natural gas services and goods; | 3691 |
(6) Recognize the continuing emergence of competitive natural | 3692 |
gas markets through the development and implementation of flexible | 3693 |
regulatory treatment; | 3694 |
(7) Promote an expeditious transition to the provision of | 3695 |
natural gas services and goods in a manner that achieves effective | 3696 |
competition and transactions between willing buyers and willing | 3697 |
sellers to reduce or eliminate the need for regulation of natural | 3698 |
gas services and goods under Chapters 4905. and 4909. of the | 3699 |
Revised Code; | 3700 |
(8) Promote effective competition in the provision of natural | 3701 |
gas services and goods by avoiding subsidies flowing to or from | 3702 |
regulated natural gas services and goods; | 3703 |
(9) Ensure that the risks and rewards of a natural gas | 3704 |
company's offering of nonjurisdictional and exempt services and | 3705 |
goods do not affect the rates, prices, terms, or conditions of | 3706 |
nonexempt, regulated services and goods of a natural gas company | 3707 |
and do not affect the financial capability of a natural gas | 3708 |
company to comply with the policy of this state specified in this | 3709 |
section; | 3710 |
(10) Facilitate the state's competitiveness in the global | 3711 |
economy; | 3712 |
(11) Facilitate additional choices for the supply of natural | 3713 |
gas for residential consumers, including aggregation; | 3714 |
(12) Promote an alignment of natural gas company interests | 3715 |
with consumer interest in energy efficiency and energy | 3716 |
conservation. | 3717 |
(B) The public utilities commission and the office of the | 3718 |
consumers' counsel shall follow the policy specified in this | 3719 |
section in exercising their respective authorities relative to | 3720 |
sections 4929.03 to 4929.30 of the Revised Code. | 3721 |
(C) Nothing in Chapter 4929. of the Revised Code shall be | 3722 |
construed to alter the public utilities commission's construction | 3723 |
or application of division (A) | 3724 |
Revised Code. | 3725 |
Sec. 4931.01. As used in sections 4931.02 to 4931.05 of the | 3726 |
Revised Code, "telephone company" has the same meaning as in | 3727 |
section 4927.01 of the Revised Code. | 3728 |
Sec. 4931.02. A | 3729 |
own, use, and maintain
| 3730 |
facilities, whether described in its original articles of | 3731 |
incorporation or not, and whether such lines or facilities are | 3732 |
wholly within or partly beyond the limits of this state. It may | 3733 |
join with another company or association in conducting, leasing, | 3734 |
owning, using, or maintaining such lines or facilities, on terms | 3735 |
agreed upon between the directors or managers of the respective | 3736 |
companies. Such companies may own and hold any interest in such | 3737 |
lines or facilities, or become lessees thereof on such terms as | 3738 |
they agree upon, but no such company and the owner of rights of | 3739 |
way shall contract for the exclusive use of such rights of way for | 3740 |
3741 | |
lines and facilities shall not unreasonably interfere with the | 3742 |
practical uses of the property on which they are located. A | 3743 |
telephone company shall repair defective lines and facilities, | 3744 |
which repairs shall be consistent with reasonable business | 3745 |
practices and applicable industry standards. | 3746 |
Sec. 4931.03. (A) A | 3747 |
either of the following in the unincorporated area of the | 3748 |
township: | 3749 |
(1) Construct | 3750 |
lines or facilities upon and along any of the public roads and | 3751 |
highways and across any waters within that area by the erection of | 3752 |
the necessary fixtures, including posts, piers, or abutments for | 3753 |
sustaining the cords or wires of those lines or facilities. | 3754 |
The lines and facilities shall be constructed so as not to | 3755 |
incommode the public in the use of the roads or highways, or | 3756 |
endanger or injuriously interrupt the navigation of the waters. | 3757 |
(2) Construct | 3758 |
and | 3759 |
3760 | |
surface of any of the public roads and highways and beneath any | 3761 |
waters within that area. Those lines and facilities shall be | 3762 |
constructed so as not to incommode the public in the use of the | 3763 |
roads or highways, or endanger or injuriously interrupt the | 3764 |
navigation of the waters. | 3765 |
(B)(1) This section does not authorize the construction of a | 3766 |
bridge across any waters within the state. | 3767 |
(2) Construction under this section is subject to section | 3768 |
5571.16 of the Revised Code, as applicable, and any other | 3769 |
applicable law, including, but not limited to, any law requiring | 3770 |
approval of the legislative authority, the county engineer, or the | 3771 |
director of transportation. | 3772 |
Sec. 4931.04. A | 3773 |
any land held by an individual or a corporation, whether such land | 3774 |
was acquired by purchase, appropriation, or by virtue of any | 3775 |
provision in its charter, for the purpose of making preliminary | 3776 |
examination and surveys, with a view to the location and | 3777 |
construction of | 3778 |
and may appropriate so much of such land in accordance with | 3779 |
sections 163.01 to 163.22 | 3780 |
deems necessary for the construction and maintenance of | 3781 |
3782 | |
3783 | |
the right of way in, through, over, across, and under such lands | 3784 |
and adjacent lands, sufficient to enable it to construct and | 3785 |
repair | 3786 |
| 3787 |
transact a | 3788 |
construct, reconstruct, own, use, lease, operate, maintain, and | 3789 |
improve communications systems for the transmission of voices, | 3790 |
sounds, writings, signs, signals, pictures, visions, images, or | 3791 |
other forms of intelligence, as public utility services, by means | 3792 |
of wire, cable, radio, radio relay, or other telecommunications | 3793 |
facilities, methods, or media. Any such company has the powers and | 3794 |
is subject to the restrictions prescribed in sections 4931.02 to | 3795 |
3796 | |
companies. | 3797 |
| 3798 |
sections 2317.02 and 2921.22 of the Revised Code: | 3799 |
(1) "Communications assistant" means a person who | 3800 |
transliterates conversation from text to voice and from voice to | 3801 |
text between the end users of a telecommunications relay service | 3802 |
provided pursuant to this section or Title II of the | 3803 |
"Communications Act of 1934," 104 Stat. 366 (1990), 47 U.S.C. 225. | 3804 |
(2) "Communicative impairment" means deafness or speech | 3805 |
impairment. | 3806 |
(3) "Deafness" means a hearing loss that prevents a person | 3807 |
from being able to understand speech over the telephone. | 3808 |
(4) "Speech impairment" means a speech impairment that | 3809 |
renders a person's speech unintelligible on the telephone. | 3810 |
(5) "Telecommunications relay service" means telephone | 3811 |
transmission services that provide the ability for an individual | 3812 |
who has a communicative impairment to engage in a communication by | 3813 |
wire or radio with a hearing individual in a manner that is | 3814 |
functionally equivalent to the ability of an individual who does | 3815 |
not have a communicative impairment to communicate using voice | 3816 |
communication services by wire or radio. "Telecommunications relay | 3817 |
service" includes services that enable two-way communication | 3818 |
between an individual who uses a text telephone or other nonvoice | 3819 |
terminal device and an individual who does not use such a device. | 3820 |
(B) Any communication made by or to a person with a | 3821 |
communicative impairment with the assistance of a communications | 3822 |
assistant at a telecommunications relay service is confidential | 3823 |
and privileged and shall not be disclosed by the communications | 3824 |
assistant in any civil case or proceeding or in any legislative or | 3825 |
administrative proceeding, unless the person making the | 3826 |
communication and the person to whom the communication is made | 3827 |
each waive the privilege of confidentiality or the obligation to | 3828 |
divulge the communication is mandated by federal law or regulation | 3829 |
or pursuant to subpoena in a criminal proceeding. | 3830 |
(C) A communications assistant or a telecommunications relay | 3831 |
service provider is not subject to criminal prosecution and is not | 3832 |
liable in damages in any civil action on account of the act of | 3833 |
transliterating or the content of any communication | 3834 |
transliterated, or any injury, death, or loss to person or | 3835 |
property allegedly arising from the act of transliterating or the | 3836 |
content of any communication transliterated, between the end users | 3837 |
of a telecommunications relay service, except in cases of willful | 3838 |
or wanton misconduct. | 3839 |
Sec. 4931.99. (A) Whoever violates division (D) of section | 3840 |
4931.49 of the Revised Code is guilty of a misdemeanor of the | 3841 |
fourth degree. | 3842 |
(B) | 3843 |
3844 | |
3845 |
| 3846 |
3847 |
| 3848 |
section | 3849 |
misdemeanor in the first degree. | 3850 |
| 3851 |
4931.49 or division (B)(2) of section 4931.66 of the Revised Code | 3852 |
is guilty of a misdemeanor of the fourth degree on a first offense | 3853 |
and a felony of the fifth degree on each subsequent offense. | 3854 |
| 3855 |
is guilty of a minor misdemeanor for a first offense and a | 3856 |
misdemeanor of the first degree on each subsequent offense. | 3857 |
Sec. 4933.14. (A) | 3858 |
division (B) of this section | 3859 |
4931.04 and 4933.13 to 4933.16 of the Revised Code apply to a | 3860 |
company organized for supplying public and private buildings, | 3861 |
manufacturing establishments, streets, alleys, lanes, lands, | 3862 |
squares, and public places with electric light and power, and to | 3863 |
an automatic package carrier. | 3864 |
provided in division (B) of this section,every such company has | 3865 |
the powers and is subject to the restrictions prescribed for a | 3866 |
3867 | |
of the Revised Code. | 3868 |
(B) | 3869 |
3870 | |
for supplying electricity only if the company transmits or | 3871 |
distributes electricity, and every such company has the powers and | 3872 |
is subject to the restrictions prescribed for a | 3873 |
telephone company by | 3874 |
purpose of erecting, operating, or maintaining an electric | 3875 |
generating station. | 3876 |
Sec. 4933.18. (A) In a prosecution for a theft offense, as | 3877 |
defined in section 2913.01 of the Revised Code, that involves | 3878 |
alleged tampering with a gas, electric, steam, or water meter, | 3879 |
conduit, or attachment of a utility that has been disconnected by | 3880 |
the utility, proof that a meter, conduit, or attachment of a | 3881 |
utility has been tampered with is prima-facie evidence that the | 3882 |
person who is obligated to pay for the service rendered through | 3883 |
the meter, conduit, or attachment and is in possession or control | 3884 |
of the meter, conduit, or attachment at the time the tampering | 3885 |
occurred has caused the tampering with intent to commit a theft | 3886 |
offense. | 3887 |
In a prosecution for a theft offense, as defined in section | 3888 |
2913.01 of the Revised Code, that involves the alleged | 3889 |
reconnection of a gas, electric, steam, or water meter, conduit, | 3890 |
or attachment of a utility that has been disconnected by the | 3891 |
utility, proof that a meter, conduit, or attachment disconnected | 3892 |
by a utility has been reconnected without the consent of the | 3893 |
utility is prima-facie evidence that the person in possession or | 3894 |
control of the meter, conduit, or attachment at the time of the | 3895 |
reconnection has reconnected the meter, conduit, or attachment | 3896 |
with intent to commit a theft offense. | 3897 |
(B) As used in this section: | 3898 |
(1) "Utility" means any electric light company, gas company, | 3899 |
natural gas company, pipe-line company, water-works company, or | 3900 |
heating or cooling company, as defined by division (A)(3), (4), | 3901 |
(5), (6), (7), or (8) | 3902 |
Code, its lessees, trustees, or receivers, or any similar utility | 3903 |
owned or operated by a political subdivision. | 3904 |
(2) "Tamper" means to interfere with, damage, or by-pass a | 3905 |
utility meter, conduit, or attachment with the intent to impede | 3906 |
the correct registration of a meter or the proper functions of a | 3907 |
conduit or attachment so as to reduce the amount of utility | 3908 |
service that is registered on the meter. | 3909 |
Sec. 4933.19. Each electric light company, gas company, | 3910 |
natural gas company, pipe-line company, water-works company, or | 3911 |
heating or cooling company, as defined by division (A)(3), (4), | 3912 |
(5), (6), (7), or (8) | 3913 |
Code, or its lessees, trustees, or receivers, and each similar | 3914 |
utility owned or operated by a political subdivision shall notify | 3915 |
its customers, on an annual basis, that tampering with or | 3916 |
bypassing a meter constitutes a theft offense that could result in | 3917 |
the imposition of criminal sanctions. | 3918 |
Sec. 4939.01. As used in sections 4939.01 to 4939.08 of the | 3919 |
Revised Code: | 3920 |
(A) "Cable operator," "cable service," and "franchise" have | 3921 |
the same meanings as in the "Cable Communications Policy Act of | 3922 |
1984," 98 Stat. 2779, 47 U.S.C.A. 522. | 3923 |
(B) "Occupy or use" means, with respect to a public way, to | 3924 |
place a tangible thing in a public way for any purpose, including, | 3925 |
but not limited to, constructing, repairing, positioning, | 3926 |
maintaining, or operating lines, poles, pipes, conduits, ducts, | 3927 |
equipment, or other structures, appurtenances, or facilities | 3928 |
necessary for the delivery of public utility services or any | 3929 |
services provided by a cable operator. | 3930 |
(C) "Person" means any natural person, corporation, or | 3931 |
partnership and also includes any governmental entity. | 3932 |
(D) "Public utility" means any company described in section | 3933 |
4905.03 of the Revised Code except in divisions (A) | 3934 |
3935 | |
defined in section 4905.02 of the Revised Code; and includes any | 3936 |
electric supplier as defined in section 4933.81 of the Revised | 3937 |
Code. | 3938 |
(E) "Public way" means the surface of, and the space within, | 3939 |
through, on, across, above, or below, any public street, public | 3940 |
road, public highway, public freeway, public lane, public path, | 3941 |
public alley, public court, public sidewalk, public boulevard, | 3942 |
public parkway, public drive, and any other land dedicated or | 3943 |
otherwise designated for a compatible public use, which, on or | 3944 |
after the effective date of this section, is owned or controlled | 3945 |
by a municipal corporation. "Public way" excludes a private | 3946 |
easement. | 3947 |
(F) "Public way fee" means a fee levied to recover the costs | 3948 |
incurred by a municipal corporation and associated with the | 3949 |
occupancy or use of a public way. | 3950 |
Sec. 5515.01. The director of transportation may upon formal | 3951 |
application being made to the director, grant a permit to any | 3952 |
individual, firm, or corporation to use or occupy such portion of | 3953 |
a road or highway on the state highway system as will not | 3954 |
incommode the traveling public. Such permits, when granted, shall | 3955 |
be upon the following conditions: | 3956 |
(A) The director may issue a permit to any individual, firm, | 3957 |
or corporation for any use of a road or highway on the state | 3958 |
highway system that is consistent with applicable federal law or | 3959 |
federal regulations. | 3960 |
(B) Such location shall be changed as prescribed by the | 3961 |
director when the director deems such change necessary for the | 3962 |
convenience of the traveling public, or in connection with or | 3963 |
contemplation of the construction, reconstruction, improvement, | 3964 |
relocating, maintenance, or repair of such road or highway. | 3965 |
(C) The placing of objects or things shall be at a grade and | 3966 |
in accordance with such plans, specifications, or both, as shall | 3967 |
be first approved by the director. | 3968 |
(D) The road or highway in all respects shall be fully | 3969 |
restored to its former condition of usefulness and at the expense | 3970 |
of such individual, firm, or corporation. | 3971 |
(E) Such individual, firm, or corporation shall maintain all | 3972 |
objects and things in a proper manner, promptly repair all damages | 3973 |
resulting to such road or highway on account thereof, and in event | 3974 |
of failure to so repair such road or highway to pay to the state | 3975 |
all costs and expenses | 3976 |
in repairing any damage. | 3977 |
(F) Such other conditions as may seem reasonable to the | 3978 |
director, but no condition shall be prescribed | 3979 |
the payment of a money consideration for the privilege granted. | 3980 |
Nothing in this division prohibits the director from requiring | 3981 |
payment of money consideration for a lease, easement, license, or | 3982 |
other interest in a transportation facility under control of the | 3983 |
department of transportation. | 3984 |
(G) Permits may be revoked by the director at any time for a | 3985 |
noncompliance with the conditions imposed. | 3986 |
(H) As a condition precedent to the issuance of any permit | 3987 |
for telecommunications facilities or carbon capture and storage | 3988 |
pipelines, the director shall require the applicant to provide | 3989 |
proof it is party to a lease, easement, or license for the | 3990 |
construction, placement, or operation of such facility or pipeline | 3991 |
in or on a transportation facility. | 3992 |
Except as otherwise provided in this section and section | 3993 |
5501.311 of the Revised Code, Chapters 5501., 5503., 5511., 5513., | 3994 |
5515., 5516., 5517., 5519., 5521., 5523., 5525., 5527., 5528., | 3995 |
5529., 5531., 5533., and 5535. of the Revised Code do not prohibit | 3996 |
3997 | |
constructing, maintaining, and using | 3998 |
electric light and power lines along and upon such roads or | 3999 |
highways under | 4000 |
sections of the Revised Code, or to affect existing rights of any | 4001 |
such companies, or to require such companies to obtain a permit | 4002 |
from the director, except with respect to the location of poles, | 4003 |
wires, conduits, and other equipment comprising lines on or | 4004 |
beneath the surface of such road or highways. | 4005 |
This section does not prohibit steam or electric railroad | 4006 |
companies from constructing tracks across such roads or highways, | 4007 |
nor authorize the director to grant permission to any company | 4008 |
owning, operating, controlling, or managing a steam railroad or | 4009 |
interurban railway in this state to build a new line of railroad, | 4010 |
or to change or alter the location of existing tracks across any | 4011 |
road or highway on the state highway system at grade. No such | 4012 |
company shall change the elevation of any of its tracks across | 4013 |
such road or highway except in accordance with plans and | 4014 |
specifications first approved by the director. | 4015 |
This section does not relieve any individual, firm, or | 4016 |
corporation from the obligation of satisfying any claim or demand | 4017 |
of an owner of lands abutting on such road or highway on the state | 4018 |
highway system on account of placing in such road or highway a | 4019 |
burden in addition to public travel. | 4020 |
Sec. 5733.57. (A) As used in this section: | 4021 |
(1) "Small telephone company" means a telephone company, | 4022 |
existing as such as of January 1, 2003, with twenty-five thousand | 4023 |
or fewer access lines | 4024 |
4025 | |
year immediately preceding the tax year, and is an "incumbent | 4026 |
local exchange carrier" under 47 U.S.C. 251(h). | 4027 |
(2) "Gross receipts tax amount" means the product obtained by | 4028 |
multiplying four and three-fourths per cent by the amount of a | 4029 |
small telephone company's taxable gross receipts, excluding the | 4030 |
deduction of twenty-five thousand dollars, that the tax | 4031 |
commissioner would have determined under section 5727.33 of the | 4032 |
Revised Code for that small telephone company for the annual | 4033 |
period ending on the thirtieth day of June of the calendar year | 4034 |
immediately preceding the tax year, as that section applied in the | 4035 |
measurement period from July 1, 2002, to June 30, 2003. | 4036 |
(3) "Applicable percentage" means one hundred per cent for | 4037 |
tax year 2005; eighty per cent for tax year 2006; sixty per cent | 4038 |
for tax year 2007; forty per cent for tax year 2008; twenty per | 4039 |
cent for tax year 2009; and zero per cent for each subsequent tax | 4040 |
year thereafter. | 4041 |
(4) "Applicable amount" means the amount resulting from | 4042 |
subtracting the gross receipts tax amount from the tax imposed by | 4043 |
sections 5733.06, 5733.065, and 5733.066 of the Revised Code for | 4044 |
the tax year, without regard to any credits available to the small | 4045 |
telephone company. | 4046 |
(B)(1) Except as provided in division (B)(2) of this section, | 4047 |
beginning in tax year 2005, a small telephone company is hereby | 4048 |
allowed a nonrefundable credit against the tax imposed by sections | 4049 |
5733.06, 5733.065, and 5733.066 of the Revised Code, equal to the | 4050 |
product obtained by multiplying the applicable percentage by the | 4051 |
applicable amount. The credit shall be claimed in the order | 4052 |
required by section 5733.98 of the Revised Code. | 4053 |
(2) If the applicable amount for a tax year is less than | 4054 |
zero, a small telephone company shall not be allowed for that tax | 4055 |
year the credit provided under this section. | 4056 |
Sec. 6101.17. The board of directors of a conservancy | 4057 |
district, when it is necessary for the purposes of this chapter, | 4058 |
shall have a dominant right of eminent domain over the right of | 4059 |
eminent domain of railroad, | 4060 |
power, and other companies and corporations, and over townships, | 4061 |
counties, and municipal corporations. | 4062 |
In the exercise of this right, due care shall be taken to do | 4063 |
no unnecessary damage to other public utilities, and, in case of | 4064 |
failure to agree upon the mode and terms of interference, not to | 4065 |
interfere with their operation or usefulness beyond the actual | 4066 |
necessities of the case, due regard being paid to the other public | 4067 |
interests involved. | 4068 |
Sec. 6115.21. The board of directors of a sanitary district, | 4069 |
when it is necessary for the purposes of sections 6115.01 to | 4070 |
6115.79 | 4071 |
right of eminent domain over the right of eminent domain of | 4072 |
railroad, | 4073 |
companies and corporations, and over townships, counties, and | 4074 |
municipal corporations. | 4075 |
In the exercise of this right due care shall be taken to do | 4076 |
no unnecessary damage to other public utilities, and, in case of | 4077 |
failure to agree upon the mode and terms of interference, not to | 4078 |
interfere with their operation or usefulness beyond the actual | 4079 |
necessities of the case, due regard being paid to the other public | 4080 |
interests involved. | 4081 |
Section 2. That existing sections 324.01, 324.03, 1332.24, | 4082 |
2317.02, 2917.21, 2929.01, 4901.01, 4901.02, 4901.11, 4901.15, | 4083 |
4901.22, 4903.01, 4903.20, 4903.22, 4903.23, 4905.01, 4905.02, | 4084 |
4905.03, 4905.04, 4905.09, 4905.12, 4905.14, 4905.16, 4905.18, | 4085 |
4905.20, 4905.21, 4905.26, 4905.30, 4905.34, 4905.40, 4905.402, | 4086 |
4905.41, 4905.42, 4905.45, 4905.46, 4905.47, 4905.51, 4905.52, | 4087 |
4905.58, 4905.59, 4905.61, 4905.63, 4905.71, 4905.73, 4905.84, | 4088 |
4905.90, 4905.99, 4907.01, 4907.14, 4907.30, 4909.01, 4909.02, | 4089 |
4909.03, 4909.17, 4911.01, 4921.01, 4923.01, 4927.01, 4927.02, | 4090 |
4929.02, 4931.02, 4931.03, 4931.04, 4931.11, 4931.35, 4931.99, | 4091 |
4933.14, 4933.18, 4933.19, 4939.01, 5515.01, 5733.57, 6101.17, and | 4092 |
6115.21 and sections 4905.041, 4905.23, 4905.231, 4905.24, | 4093 |
4905.241, 4905.242, 4905.243, 4905.244, 4905.25, 4905.381, | 4094 |
4905.49, 4905.491, 4905.50, 4927.03, 4927.04, 4931.06, 4931.07, | 4095 |
4931.12, 4931.13, 4931.14, 4931.15, 4931.16, 4931.17, 4931.18, | 4096 |
4931.19, 4931.21, 4931.22, 4931.25, 4931.26, 4931.27, 4931.28, | 4097 |
4931.29, 4931.30, and 4931.31 of the Revised Code are hereby | 4098 |
repealed. | 4099 |
Section 3. Coincident with the adoption of initial rules as | 4100 |
provided for in section 4927.03 of the Revised Code as enacted by | 4101 |
this act, the Public Utilities Commission shall rescind the | 4102 |
following rules and shall file the requisite notice of the | 4103 |
rescissions with the Legislative Service Commission and the | 4104 |
Secretary of State within five days: Chapters 4901:1-4, 4901:1-5, | 4105 |
and 4901:1-6 of the Ohio Administrative Code, except for Rule No. | 4106 |
4901:1-5-09 and related definitions in Rule No. 4901:1-5-01 and | 4107 |
except for Rule Nos. 4901:1-6-18 and 4901:1-6-24 and related | 4108 |
definitions in Rule No. 4901:1-6-01. Rescission of these rules | 4109 |
shall take effect as provided by law and, notwithstanding any | 4110 |
other provision of the Revised Code, is not subject to legislative | 4111 |
review or invalidation. Except as provided in section 4927.12 of | 4112 |
the Revised Code, the Public Utilities Commission shall not | 4113 |
enforce on or after the effective date of this act against any | 4114 |
telephone company as defined in section 4905.03 of the Revised | 4115 |
Code as amended by this act any provision of any of the rules | 4116 |
specified in this section, except for Rule No. 4901:1-5-09 and | 4117 |
related definitions in Rule No. 4901:1-5-01 and Rule Nos. | 4118 |
4901:1-6-18 and 4901:1-6-24 and related definitions in Rule No. | 4119 |
4901:1-6-01. | 4120 |
Section 4. Any complaint filed pursuant to section 4905.26 of | 4121 |
the Revised Code and pending on the effective date of Sections 1 | 4122 |
and 2 of this act shall be determined by the Public Utilities | 4123 |
Commission pursuant to the Revised Code as it existed immediately | 4124 |
preceding that effective date. | 4125 |
Section 5. Section 2917.21 of the Revised Code is presented | 4126 |
in this act as a composite of the section as amended by both H.B. | 4127 |
565 and S.B. 215 of the 122nd General Assembly. Section 2929.01 of | 4128 |
the Revised Code is presented in this act as a composite of the | 4129 |
section as amended by both Am. Sub. H.B. 130 and Am. Sub. H.B. 280 | 4130 |
of the 127th General Assembly. Section 4933.14 of the Revised Code | 4131 |
is presented in this act as a composite of the section as amended | 4132 |
by both H.B. 283 and S.B. 3 of the 123rd General Assembly. The | 4133 |
General Assembly, applying the principle stated in division (B) of | 4134 |
section 1.52 of the Revised Code that amendments are to be | 4135 |
harmonized if reasonably capable of simultaneous operation, finds | 4136 |
that the composites are the resulting versions of those sections | 4137 |
in effect prior to the effective date of those sections as | 4138 |
presented in this act. | 4139 |