As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 162

Senator Buehrer 

Cosponsors: Senators Gibbs, Gillmor, Grendell, Patton, Seitz, Stewart, Wagoner 

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A BILL

To amend sections 324.01, 324.03, 1332.24, 2317.02,

1

2917.21, 4901.01, 4901.02, 4901.11, 4901.12,

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, 4905.40,

6

4905.402, 4905.41, 4905.42, 4905.45, 4905.46,

7

4905.47, 4905.51, 4905.52, 4905.58, 4905.59,

8

4905.61, 4905.63, 4905.71, 4905.73, 4905.84,

9

4905.99, 4907.01, 4907.14, 4907.30, 4909.01,

10

4909.02, 4909.03, 4909.17, 4911.01, 4921.01,

11

4923.01, 4927.01, 4927.02, 4929.02, 4931.02,

12

4931.03, 4931.04, 4931.11, 4931.99, 4933.14,

13

4933.18, 4933.19, 4939.01, 5515.01, 5733.57,

14

6101.17, and 6115.21, to amend sections 4931.11

15

(4931.05) and 4931.35 (4931.06) for the purpose

16

of adopting new section numbers as shown in

17

parentheses, to enact new sections 4927.03 and

18

4927.04 and sections 4927.05, 4927.06, 4927.07,

19

4927.08, 4927.09, 4927.10, 4927.11, 4927.12,

20

4927.13, 4927.14, 4927.15, 4927.16, 4927.17,

21

4927.18, and 4931.01, and to repeal sections

22

4905.041, 4905.23, 4905.231, 4905.24, 4905.241,

23

4905.242, 4905.243, 4905.244, 4905.25, 4905.381,

24

4905.49, 4905.491, 4905.50, 4927.03, 4927.04,

25

4931.06, 4931.07, 4931.12, 4931.13, 4931.14,

26

4931.15, 4931.16, 4931.17, 4931.18, 4931.19,

27

4931.21, 4931.22, 4931.25, 4931.26, 4931.27,

28

4931.28, 4931.29, 4931.30, and 4931.31 of the

29

Revised Code to revise state regulation of

30

telephone companies, remove telegraph companies

31

from utility regulation, and revise law

32

concerning confidential information of public

33

utilities.

34

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 324.01, 324.03, 1332.24, 2317.02,	35
2917.21, 4901.01, 4901.02, 4901.11, 4901.12, 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, 4905.40, 4905.402, 4905.41, 4905.42,	39
4905.45, 4905.46, 4905.47, 4905.51, 4905.52, 4905.58, 4905.59,	40
4905.61, 4905.63, 4905.71, 4905.73, 4905.84, 4905.99, 4907.01,	41
4907.14, 4907.30, 4909.01, 4909.02, 4909.03, 4909.17, 4911.01,	42
4921.01, 4923.01, 4927.01, 4927.02, 4929.02, 4931.02, 4931.03,	43
4931.04, 4931.11, 4931.99, 4933.14, 4933.18, 4933.19, 4939.01,	44
5515.01, 5733.57, 6101.17, and 6115.21 be amended, that sections	45
4931.11 (4931.05) and 4931.35 (4931.06) be amended for the	46
purpose of adopting new section numbers as shown in parentheses,	47
and that new sections 4927.03 and 4927.04 and sections 4927.05,	48
4927.06, 4927.07, 4927.08, 4927.09, 4927.10, 4927.11, 4927.12,	49
4927.13, 4927.14, 4927.15, 4927.16, 4927.17, 4927.18, and 4931.01	50
of the Revised Code be enacted to read as follows:	51

Sec. 324.01.  As used in sections 324.01 to 324.12 of the	52
Revised Code:	53

(A) "Utility" means:

54

(1) An electric company, gas company, heating company,	55
cooling company, telephone company, telegraph company, or	56
communications company supplying a utility service;	57

(2) Any municipal corporation, county, or other political	58
subdivision, instrumentality, or agency of the state supplying a	59
utility service;	60

(3) Any individual, firm, partnership, association, trust,	61
joint-stock company, joint venture, corporation, nonprofit	62
corporation, cooperative, receiver, assignee, trustee in	63
bankruptcy, estate, trustee, or organization of any kind which	64
owns or operates any office building, storeroom building, shopping	65
center, apartment building, apartment hotel, condominium, or other	66
multiple business or dwelling unit, and which sells, furnishes, or	67
delivers a utility service to the tenants or occupants thereof,	68
provided the charge for such utility service is separately stated.	69

(B) Any individual, firm, partnership, association, trust,	70
joint-stock company, joint venture, corporation, municipal	71
corporation, county, or other political subdivision,	72
instrumentality, or agency of the state, nonprofit corporation,	73
cooperative, receiver, assignee, trustee in bankruptcy, estate,	74
trustee, or organization of any kind:	75

(1) Is an electric company when supplying electricity for	76
light, heat, cooling, or power purposes to customers within a	77
county levying a utilities service tax;	78

(2) Is a gas company when supplying artificial gas or natural	79
gas for light, heat, cooling, or power purposes to customers	80
within a county levying a utilities service tax;	81

(3) Is a heating company when supplying water, steam, or air	82
through pipes or tubing for heating purposes to customers within a	83
county levying a utilities service tax;	84

(4) Is a cooling company when supplying water, steam, or air	85
through pipes or tubing for cooling purposes to customers within a	86
county levying a utilities service tax;	87

(5) Is a telephone company when transmitting telephonic	88
messages to, from, or within a county levying a utilities service	89
tax;	90

(6) Is a telegraph company when transmitting telegraphic	91
messages to, from, or within a county levying a utilities service	92
tax;	93

(7) Is a communications company when supplying the services	94
described in section 4931.114931.05 of the Revised Code, other	95
than transmitting telephonic or telegraphic messages, to, from, or	96
within a county levying a utilities service tax.	97

(C) "Utility service" means the supplying of water, steam, or	98
air through pipes or tubing for heating or cooling purposes to	99
customers within the county, the supplying of electricity,	100
artificial gas, or natural gas to customers within the county, and	101
the transmission of telephonic or telegraphic messages or the	102
supplying of any of the services described in section 4931.11	103
4931.05 of the Revised Code when the transmission or supplying	104
originates from and is charged to or is received by and charged to	105
a customer within the county.	106

(D) "Charge for utility service" means the amount charged to	107
the customer for a utility service without deduction for any	108
discount for early payment but after deducting the amount of any	109
federal excise tax on such utility service, and excluding the	110
amount paid for the purchase of appliances or other merchandise,	111
and the amount paid for the installation of pipes, meters, poles,	112
apparatus, instruments, switchboards, and other facilities by the	113
utility for the purpose of rendering utility service to the	114
customer if the charge therefor is separately stated by the	115
utility in its bill to the customer and is not included in the	116
basic rates charged to customers of the utility.	117

(E) "Customer" means any individual, firm, partnership,	118
association, trust, joint-stock company, joint venture,	119
corporation, nonprofit corporation, cooperative, receiver,	120
assignee, trustee in bankruptcy, estate, trustee, or organization	121
of any kind receiving utility service from a utility, but does not	122
include the United States, the state, any political subdivision of	123
the state, or any agency or instrumentality of any of them.	124

(F) "Business" has the same meaning as in division (E) of	125
section 5701.08 of the Revised Code.	126

Sec. 324.03.  The utilities service tax shall not apply to	127
the following:	128

(A) The first five dollars per month of any charge for	129
utility service for each utility service rendered by a utility to	130
a customer;	131

(B) The supplying of a utility service to a customer for	132
resale; provided, that this division shall not include the	133
supplying of a utility service to a utility as defined in division	134
(A)(3) of section 324.01 of the Revised Code if the utility	135
receiving the service when supplying the service to its customers	136
does not separately state the charge therefor;	137

(C) The supplying of a utility service through a	138
coin-operated device;	139

(D) Telephone service, telegraph service, and services	140
described in section 4931.114931.05 of the Revised Code, to or	141
from a point outside the state for which a separate charge is	142
made;	143

(E) The supplying of a utility service not within the taxing	144
power of the county under the constitution of the United States or	145
the constitution of this state;	146

(F) The supplying of a utility service to a person engaged in	147
business, for use or consumption in the production of tangible	148
personal property.	149

For the purpose of the proper administration of the utilities	150
service tax and to prevent the evasion of the tax, it is presumed	151
that any supplying of utility service is subject to the tax until	152
the contrary is shown.	153

Sec. 1332.24. (A)(1) In accordance with section 1332.25 of	154
the Revised Code, the director of commerce may issue to any	155
person, or renew, a video service authorization, which	156
authorization confers on the person the authority, subject to	157
sections 1332.21 to 1332.34 of the Revised Code, to provide video	158
service in its video service area; construct and operate a video	159
service network in, along, across, or on public rights-of-way for	160
the provision of video service; and, when necessary to provide	161
that service, exercise the power of a telegraphtelephone company	162
under section 4931.04 of the Revised Code. The term of a video	163
service authorization or authorization renewal shall be ten	164
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	182
assessed, using a formula based on subscriber counts as of the	183
thirty-first day of December of the preceding calendar year, which	184
counts shall be submitted to the director not later than the	185
thirty-first day of January of each year, via a notarized	186
statement signed by an authorized officer. Any information	187
submitted by a video service provider to the director for the	188
purpose of determining subscriber counts shall be considered	189
trade secret information, shall not be disclosed except by court	190
order, and shall not constitute a public record under section	191
149.43 of the Revised Code. On or about the first day of June	192
of each year, the director shall send to each video service	193
provider to be assessed written notice of its proportional	194
amount of the total assessment. The provider shall pay that	195
amount on a quarterly basis not later than forty-five days after	196
the end of each calendar quarter. After the initial assessment,	197
the director annually shall reconcile the amount collected with	198
the total, current amount assessed pursuant to this section, and	199
either shall charge each assessed video service provider its	200
respective proportion of any insufficiency or proportionately	201
credit the provider's next assessment for any 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	205
(C) or (D) of section 1332.26, division (A), (B), or (C) of	206
section 1332.27, division (A) of section 1332.28, division (A) or	207
(B) of section 1332.29, or section 1332.30 or 1332.31 of the	208
Revised Code, or complaints concerning any such violation or	209
failure. Except as provided in this section, the director has no	210
authority to regulate video service in this state, including, but	211
not 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	228
(C) or (D) of section 1332.26, division (A), (B), or (C) of	229
section 1332.27, division (A) of section 1332.28, division (A) or	230
(B) of section 1332.29, or section 1332.30 or 1332.31 of the	231
Revised Code, and the person has failed to cure the violation or	232
failure after reasonable, written notice and reasonable time to	233
cure, the 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	273
cure the violations or noncompliances after reasonable written	274
notice 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 4931.35	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 or section 4931.31 of the Revised Code. A provider of a	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 or section 4931.31 of the Revised Code.	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. 4901.01.  As used in sections 4901.01 to 4901.24,	889
inclusive, of the Revised Code:	890

(A) "Public utility" has the same meaning set forthas in	891
section 4905.02 of the Revised Code.	892

(B) "Telegraph company," "telephone company," "electric	893
light company," "gas company," "natural gas company," "pipe-line	894
company," "water-works company," "sewage disposal system	895
company," "heating or cooling company," "messenger company,"	896
"street railway company," "suburban railroad company," "interurban	897
railroad company," and "motor-propelled vehicle" have the meaning	898
set forth in section 4905.03 of the Revised Code.	899

(C) "Railroad" has the same meaning set forthas in section	900
4907.02 of the Revised Code.	901

(D) "Motor transportation company" has the meaning set forth	902
in sections 4905.03 and 4921.02 of the Revised Code.	903

(E) "Trailer," "public highway," "fixed termini," "regular	904
route," and "irregular route" have the meaning set forth in	905
section 4921.02 of the Revised Code.	906

(F) "Private motor carrier," "contract carrier by motor	907
vehicle," "motor vehicle," and "charter party trip" have the	908
meaning set forth in section 4923.02 of the Revised Code.	909

Sec. 4901.02.  (A) There is hereby created the public	910
utilities commission of Ohio, by which name the commission may sue	911
and be sued. The commission shall consist of five public utilities	912
commissioners appointed by the governor with the advice and	913
consent of the senate. The governor shall designate one of such	914
commissioners to be the chairmanchairperson of the commission.	915
The chairmanchairperson of the commission shall serve as chairman	916
chairperson at the governor's pleasure. The commissioners shall be	917
selected from the lists of qualified persons submitted to the	918
governor by the public utilities commission nominating council	919
pursuant to section 4901.021 of the bRevisedRevised Code. Not	920
more than three of said commissioners shall belong to or be	921
affiliated with the same political party. The commission shall	922
possess the powers and duties specified in, as well as all powers	923
necessary and proper to carry out the purposes of Chapters 4901.,	924
4903., 4905., 4907., 4909., 4921., and 4923., and 4927. of the	925
Revised Code.	926

(B) A majority of the public utilities commissioners	927
constitutes a quorum.	928

(C) The terms of office of public utilities commissioners	929
shall be for five years, commencing on the eleventh day of April	930
and ending on the tenth day of April, except that terms of the	931
first commissioners shall be for one, two, three, four, and five	932
years, respectively, as designated by the governor at the time of	933
appointment. Each commissioner shall hold office from the date of	934
his appointment until the end of the term for which hethe	935
commissioner was appointed. Any commissioner appointed to fill a	936
vacancy occurring prior to the expiration of the term for which he	937
the commissioner was appointed shall hold office for the remainder	938
of such term. Any commissioner shall continue in office subsequent	939
to the expiration date of the term for which hethe commissioner	940
was appointed until histhe commissioner's successor takes office,	941
or until a period of sixty days has elapsed, whichever occurs	942
first. Each vacancy shall be filled by appointment within sixty	943
days after the vacancy occurs.	944

(D) Public utilities commissioners shall have at least three	945
years of experience in one or more of the following fields:	946
economics, law, finance, accounting, engineering, physical or	947
natural sciences, natural resources, or environmental studies. At	948
least one commissioner shall be an attorney admitted to the	949
practice of law in any state or the District of Columbia.	950

(E) The chairmanchairperson of the commission shall be the	951
head of the commission and its chief executive officer. The	952
appointment or removal of employees of the commission or any	953
division thereof, and all contracts for special service, are	954
subject to the approval of the chairmanchairperson. The chairman	955
chairperson shall designate one of the commissioners to act as	956
deputy chairmanchairperson, who shall possess during the absence	957
or disability of the chairmanchairperson, all of the powers of	958
the chairmanchairperson.	959

Sec. 4901.11.  The public utilities commission may procure	960
all necessary books, maps, charts, stationery, instruments, office	961
furniture, apparatus, and appliances, including telephone and	962
telegraph service, and may purchase from the interstate commerce	963
commission blank forms for the use of railroads and other	964
utilities in making their annual reports, necessary for the proper	965
administration of the affairs of saidthe public utilities	966
commission, which expenses shall be audited and paid in the same	967
manner as other expenses.	968

Sec. 4901.12.  Except as provided in section 149.43 of the	969
Revised Code and as consistent with the purposes of Title XLIX of	970
the Revised Code, all proceedings of the public utilities	971
commission and all documents and records in its possession are	972
public records. In protecting trade secret and other confidential	973
information from public disclosure, the commission shall not	974
establish an expiration date for any such protection, but shall	975
require any party seeking public disclosure of any trade secret or	976
other confidential information to establish that it should no	977
longer be subject to such protection.	978

Sec. 4901.15.  The public utilities commission shall,	979
whenever called upon by any officer, board, or commission of this	980
state or any political subdivision of this state, furnish any data	981
or information to such officer, board, or commission and shall aid	982
or assist any such officer, board, or commission in performing the	983
official duties of his or its office. All officers, boards, or	984
commissions of this state or any political subdivision of this	985
state, shall furnish to the commission, upon request, any data or	986
information whichthat will assist the commission in the discharge	987
of the duties imposed upon it by Chapters 4901., 4903., 4905.,	988
4907., 4909., 4921., 4923., and 4925.4927. of the Revised Code.	989

Sec. 4901.22.  Each of the public utilities commissioners,	990
for the purposes mentioned in Chapters 4901., 4903., 4905., 4907.,	991
4909., 4921., 4923., and 4925.4927. of the Revised Code, may	992
administer oaths, certify to official acts, issue subpoenas, and	993
compel the attendance of witnesses and the production of papers,	994
waybills, books, accounts, documents, and testimony.	995

Sec. 4903.01.  As used in sections 4903.01 to 4903.25,	996
inclusive, of the Revised Code:	997

(A) "Public utility" has the same meaning set forthas in	998
section 4905.02 of the Revised Code.	999

(B) "Telegraph company," "telephone company," "electric	1000
light company," "gas company," "natural gas company," "pipe-line	1001
company," "water-works company," "sewage disposal system	1002
company," "heating or cooling company," "messenger company,"	1003
"street railway company," "suburban railroad company," "interurban	1004
railroad company," and "motor-propelled vehicle" have the meaning	1005
set forth in section 4905.03 of the Revised Code.	1006

(C) "Railroad" has the same meaning set forthas in section	1007
4907.02 of the Revised Code.	1008

(D) "Motor transportation company" has the meaning set forth	1009
in sections 4905.03 and 4921.02 of the Revised Code.	1010

(E) "Trailer," "public highway," "fixed termini," "regular	1011
route," and "irregular route" have the meaning set forth in	1012
section 4921.02 of the Revised Code.	1013

(F) "Private motor carrier," "contract carrier by motor	1014
vehicle," "motor vehicle," and "charter party trip" have the	1015
meaning set forth in section 4923.02 of the Revised Code.	1016

Sec. 4903.20.  All actions and proceedings in the supreme	1017
court under Chapters 4901., 4903., 4905., 4906., 4907., 4909.,	1018
4921., and 4923., and 4927. of the Revised Code, and all actions	1019
of proceedings to which the public utilities commission, power	1020
siting board, or this state is a party, and in which any question	1021
arises under suchthose chapters, or under or concerning any order	1022
or decision of the commission or the board, to reverse, vacate,	1023
or modify an order of the commission or the board, shall be taken	1024
up and disposed of by the court out of their order on the docket.	1025

Sec. 4903.22.  Except when otherwise provided by law, all	1026
processes in actions and proceedings in a court arising under	1027
Chapters 4901., 4903., 4905., 4906., 4907., 4909., 4921., 4923.,	1028
and 4925.4927. of the Revised Code shall be served, and the	1029
practice and rules of evidence in such actions and proceedings	1030
shall be the same, as in civil actions. A sheriff or other officer	1031
empowered to execute civil processes shall execute process issued	1032
under suchthose chapters and receive compensation therefor as	1033
prescribed by law for like services.	1034

Sec. 4903.23.  The public utilities commission or power	1035
siting board may charge and collect a fee, which shall not exceed	1036
cost, for furnishing any copy of any paper, record, testimony, or	1037
writing made, taken, or filed under Chapters 4901., 4903., 4905.,	1038
4906., 4907., 4909., 4921., and 4923., and 4927. of the Revised	1039
Code, except such transcript and other papers as are required to	1040
be filed in any court proceedings authorized in suchthose	1041
chapters, whether under seal and certified to or otherwise; and	1042
may charge and collect a fee for certifying a document, which	1043
shall not exceed that charged by the secretary of state under	1044
division (K) of section 111.16 of the Revised Code. All such	1045
fees, itemized, shall be paid into the state treasury on the first	1046
day of each month.	1047

Upon application of any person and payment of the proper fee,	1048
the commission or board shall furnish certified copies under the	1049
seal of the commission or board of any order made by it, which	1050
order is prima-facie evidence in any court of the facts stated in	1051
such copies. The copies of schedules, classifications, and tariffs	1052
of rates, tolls, prices, rentals, regulations, practices,	1053
services, fares, and charges, and copies of all contracts,	1054
agreements, and arrangements between public utilities and	1055
railroads, or either, filed with the commission, and the	1056
statistics, tables, and figures contained in the annual or other	1057
reports of such companies made to the commission as required by	1058
suchthe chapters, shall be preserved as public records in the	1059
custody of the commission and shall be received as prima-facie	1060
evidence of what they purport to be, for the purpose of	1061
investigations and prosecutions by the commission and in all	1062
judicial proceedings. Copies of and extracts from any of such	1063
schedules, classifications, tariffs, contracts, agreements,	1064
arrangements, or reports, made public records, certified by the	1065
commission under its seal, shall be received in evidence with like	1066
effect as the originals.	1067

Sec. 4905.01.  As used in this chapter:

1068

(A) "Railroad" has the same meaning set forthas in section	1069
4907.02 of the Revised Code.	1070

(B) "Motor transportation company" has the same meaning set	1071
forthas in sections 4905.03 and 4921.02 of the Revised Code.	1072

(C) "Trailer," and "public highway," "fixed termini,"	1073
"regular route," and "irregular route" have the same meanings set	1074
forthas in section 4921.02 of the Revised Code.	1075

(D) "Private motor carrier," "contract carrier by motor	1076
vehicle,"and "motor vehicle," and "charter party trip" have the	1077
same meanings set forthas in section 4923.02 of the Revised Code.	1078

(E) "Ohio coal research and development costs" means all	1079
reasonable costs associated with a facility or project undertaken	1080
by a public utility for which a recommendation to allow the	1081
recovery of costs associated therewith has been made under	1082
division (B)(7) of section 1551.33 of the Revised Code, including,	1083
but not limited to, capital costs, such as costs of debt and	1084
equity; construction and operation costs; termination and	1085
retirement costs; costs of feasibility and marketing studies	1086
associated with the project; and the acquisition and delivery	1087
costs of Ohio coal used in the project, less any expenditures of	1088
grant moneys.	1089

Sec. 4905.02.  As used in this chapter, "public utility"	1090
includes every corporation, company, copartnership, person, or	1091
association, theirthe lessees, trustees, or receivers of the	1092
foregoing, defined in section 4905.03 of the Revised Code,	1093
including allany public utilitiesutility that operate their	1094
utilitiesoperates its utility not for profit, except the	1095
following:	1096

(A) ElectricAn electric light companiescompany that operate	1097
their utilitiesoperates its utility not for profit;	1098

(B) Public utilitiesA public utility, other than a telephone	1099
companiescompany, that areis owned and operated exclusively by	1100
and solely for the utilities'utility's customers, including any	1101
consumer or group of consumers purchasing, delivering, storing, or	1102
transporting, or seeking to purchase, deliver, store, or	1103
transport, natural gas exclusively by and solely for the	1104
consumer's or consumers' own intended use as the end user or end	1105
users and not for profit;	1106

(C) Public utilitiesA public utility that areis owned or	1107
operated by any municipal corporation;	1108

(D) RailroadsA railroad as defined in sections 4907.02 and	1109
4907.03 of the Revised Code;	1110

(E) Any provider, including a telephone company, to the	1111
extent it provides any of the following:	1112

(1) Advanced services as defined in 47 C.F.R. 51.5;

1113

(2) Broadband service, however defined or classified by the	1114
federal communications commission;	1115

(3) Information services as defined in the "Balanced Budget	1116
Act of 1997," 111 Stat. 258, 47 U.S.C. 153(20);	1117

(4) Internet protocol-enabled services as defined in section	1118
4927.01 of the Revised Code;	1119

(5) Any telecommunications service as defined in section	1120
4927.01 of the Revised Code that is not commercially available on	1121
the effective date of the amendment of this section by .... B. No.	1122
.... of the 128th general assembly.	1123

Sec. 4905.03.  As used in this chapter:

1124

(A) Any person, firm, copartnership, voluntary association,	1125
joint-stock association, company, or corporation, wherever	1126
organized or incorporated, is:	1127

(1) A telegraph company, when engaged in the business of	1128
transmitting telegraphic messages to, from, through, or in this	1129
state;	1130

(2) A telephone company, when engaged in the business of	1131
transmitting telephonic messages to, from, through, or in this	1132
state and as such is a common carrier;	1133

(3)(2) A motor transportation company, when engaged in the	1134
business of carrying and transporting persons or property or the	1135
business of providing or furnishing such transportation service,	1136
for hire, in or by motor-propelled vehicles of any kind, including	1137
trailers, for the public in general, over any public street, road,	1138
or highway in this state, except as provided in section 4921.02 of	1139
the Revised Code;	1140

(4)(3) An electric light company, when engaged in the	1141
business of supplying electricity for light, heat, or power	1142
purposes to consumers within this state, including supplying	1143
electric transmission service for electricity delivered to	1144
consumers in this state, but excluding a regional transmission	1145
organization approved by the federal energy regulatory commission;	1146

(5)(4) A gas company, when engaged in the business of	1147
supplying artificial gas for lighting, power, or heating purposes	1148
to consumers within this state or when engaged in the business of	1149
supplying artificial gas to gas companies or to natural gas	1150
companies within this state, but a producer engaged in supplying	1151
to one or more gas or natural gas companies, only such artificial	1152
gas as is manufactured by that producer as a by-product of some	1153
other process in which the producer is primarily engaged within	1154
this state is not thereby a gas company. All rates, rentals,	1155
tolls, schedules, charges of any kind, or agreements between any	1156
gas company and any other gas company or any natural gas company	1157
providing for the supplying of artificial gas and for compensation	1158
for the same are subject to the jurisdiction of the public	1159
utilities commission.	1160

(6)(5) A natural gas company, when engaged in the business of	1161
supplying natural gas for lighting, power, or heating purposes to	1162
consumers within this state. Notwithstanding the above, neither	1163
the delivery nor sale of Ohio-produced natural gas by a producer	1164
or gatherer under a public utilities commission-ordered exemption,	1165
adopted before, as to producers, or after, as to producers or	1166
gatherers, January 1, 1996, or the delivery or sale of	1167
Ohio-produced natural gas by a producer or gatherer of	1168
Ohio-produced natural gas, either to a lessor under an oil and gas	1169
lease of the land on which the producer's drilling unit is	1170
located, or the grantor incident to a right-of-way or easement to	1171
the producer or gatherer, shall cause the producer or gatherer to	1172
be a natural gas company for the purposes of this section.	1173

All rates, rentals, tolls, schedules, charges of any kind, or	1174
agreements between a natural gas company and other natural gas	1175
companies or gas companies providing for the supply of natural gas	1176
and for compensation for the same are subject to the jurisdiction	1177
of the public utilities commission. The commission, upon	1178
application made to it, may relieve any producer or gatherer of	1179
natural gas, defined in this section as a gas company or a natural	1180
gas company, of compliance with the obligations imposed by this	1181
chapter and Chapters 4901., 4903., 4907., 4909., 4921., and 4923.	1182
of the Revised Code, so long as the producer or gatherer is not	1183
affiliated with or under the control of a gas company or a natural	1184
gas company engaged in the transportation or distribution of	1185
natural gas, or so long as the producer or gatherer does not	1186
engage in the distribution of natural gas to consumers.	1187

Nothing in division (A)(6)(5) of this section limits the	1188
authority of the commission to enforce sections 4905.90 to 4905.96	1189
of the Revised Code.	1190

(7)(6) A pipe-line company, when engaged in the business of	1191
transporting natural gas, oil, or coal or its derivatives through	1192
pipes or tubing, either wholly or partly within this state;	1193

(8)(7) A water-works company, when engaged in the business of	1194
supplying water through pipes or tubing, or in a similar manner,	1195
to consumers within this state;	1196

(9)(8) A heating or cooling company, when engaged in the	1197
business of supplying water, steam, or air through pipes or tubing	1198
to consumers within this state for heating or cooling purposes;	1199

(10)(9) A messenger company, when engaged in the business of	1200
supplying messengers for any purpose;	1201

(11)(10) A street railway company, when engaged in the	1202
business of operating as a common carrier, a railway, wholly or	1203
partly within this state, with one or more tracks upon, along,	1204
above, or below any public road, street, alleyway, or ground,	1205
within any municipal corporation, operated by any motive power	1206
other than steam and not a part of an interurban railroad, whether	1207
the railway is termed street, inclined-plane, elevated, or	1208
underground railway;	1209

(12)(11) A suburban railroad company, when engaged in the	1210
business of operating as a common carrier, whether wholly or	1211
partially within this state, a part of a street railway	1212
constructed or extended beyond the limits of a municipal	1213
corporation, and not a part of an interurban railroad;	1214

(13)(12) An interurban railroad company, when engaged in the	1215
business of operating a railroad, wholly or partially within this	1216
state, with one or more tracks from one municipal corporation or	1217
point in this state to another municipal corporation or point in	1218
this state, whether constructed upon the public highways or upon	1219
private rights-of-way, outside of municipal corporations, using	1220
electricity or other motive power than steam power for the	1221
transportation of passengers, packages, express matter, United	1222
States mail, baggage, and freight. Such an interurban railroad	1223
company is included in the term "railroad" as used in section	1224
4907.02 of the Revised Code.	1225

(14)(13) A sewage disposal system company, when engaged in	1226
the business of sewage disposal services through pipes or tubing,	1227
and treatment works, or in a similar manner, within this state.	1228

(B) "Motor-propelled vehicle" means any automobile,	1229
automobile truck, motor bus, or any other self-propelled vehicle	1230
not operated or driven upon fixed rails or tracks.	1231

Sec. 4905.04. (A) The public utilities commission is hereby	1232
vested with the power and jurisdiction to supervise and regulate	1233
public utilities and railroads, to require all public utilities to	1234
furnish their products and render all services exacted by the	1235
commission or by law, and to promulgate and enforce all orders	1236
relating to the protection, welfare, and safety of railroad	1237
employees and the traveling public, including the apportionment	1238
between railroads and the state and its political subdivisions of	1239
the cost of constructing protective devices at railroad grade	1240
crossings.	1241

(B) Subject to sections 4905.041 and 4905.042 of the Revised	1242
Code, division (A) of this section includes such power and	1243
jurisdiction as is reasonably necessary for the commission to	1244
perform pursuant to federal law, including federal regulations,	1245
the acts of a state commission as defined in 47 U.S.C. 153.	1246

Sec. 4905.09.  A substantial compliance by the public	1247
utilities commission with the requirements of Chapters 4901.,	1248
4903., 4905., 4907., 4909., 4921., 4923., and 4925.4927. of the	1249
Revised Code is sufficient to give effect to all its rules,and	1250
orders, acts, and regulations. SuchThose rules,and orders,acts,	1251
and regulations shall not be declared inoperative, illegal, or	1252
void for an omission of a technical nature in respect to such	1253
requirements. SuchAnd, those chapters do not affect, modify, or	1254
repeal any law fixing the rate whichthat a company operating a	1255
railroad may demand and receive for the transportation of	1256
passengers.	1257

Sec. 4905.12.  A railroad company or telegraph company which	1258
that violates section 4905.10, 4907.13, or 4907.15 of the Revised	1259
Code shall forfeit to the state one thousand dollars, and	1260
twenty-five dollars for each day suchthe company fails to comply	1261
with a requirement of any such sectionssection. SuchThe	1262
forfeiture does not release suchthe company from the assessment	1263
provided in section 4905.10 of the Revised Code.	1264

Sec. 4905.14.  (A)(1) Every public utility shall file an	1265
annual report with the public utilities commission. The report	1266
shall be filed at the time and in the form prescribed by the	1267
commission, shall be duly verified, and shall cover the yearly	1268
period fixed by the commission. The commission shall prescribe the	1269
character of the information to be embodied in the annual report,	1270
and shall furnish to each public utility a blank form for it.	1271
Every public utility also shall file a copy of the annual report	1272
with the office of consumers' counsel; the copy shall be filed at	1273
the same time that the original is filed with the commission. If	1274
any annual report filed with the commission is defective or	1275
erroneous, the commission may order that it be amended within a	1276
prescribed time. Any amendments made pursuant to such an order	1277
shall be filed with the commission and with the office of	1278
consumers' counsel. Each annual report filed with the commission	1279
shall be preserved in the office of the commission. The	1280
commission may, at any time, require specific answers to	1281
questions upon which it desires information.	1282

(2) In the case of a telephone company, including a wireless	1283
service provider, the annual report shall be limited to	1284
information necessary for the commission to calculate the	1285
assessment provided for in section 4905.10 of the Revised Code.	1286
The commission shall protect any confidential information in	1287
that report.	1288

(B) On the first day of July and the first day of November of	1289
each year, each gas company and natural gas company shall file	1290
with the commission a report in quintuplicate stating:	1291

(1) The total demand, stated in terms of cubic feet, that the	1292
company projects will be expected of the company for the following	1293
twelve months;	1294

(2) The pertinent details of supply contracts with pipeline	1295
companies and producers for the following twelve months that they	1296
have executed and the quantity of the gas that they will possess	1297
in storage and will be available for delivery as of the first day	1298
of July and the first day of November;	1299

(3) Where it appears from a comparison of the information	1300
reported in division (B)(1) of this section with that reported in	1301
division (B)(2) of this section that the total demand projected by	1302
the company for the twelve months following the date of the report	1303
will exceed the ability of the company to furnish it, the means	1304
which the company intends to employ in order to prevent any	1305
interruption or curtailment of service.	1306

(C) The public utilities commission may require any telephone	1307
company to file with its annual report, supplementary reports of	1308
each exchange area owned or operated by it, in such detail as the	1309
commission may prescribe. Upon request of fifteen per cent of the	1310
subscribers of any telephone exchange, the public utilities	1311
commission shall require the report for such exchange area.	1312

Sec. 4905.16.  When and as required by the public utilities	1313
commission, every public utility shall file with it a copy of any	1314
contract, agreement, or arrangement, in writing, with any other	1315
public utility relating in any way to the construction,	1316
maintenance, or use of its plant or property, or to any service,	1317
rate, or charge.	1318

Unless otherwise ordered by the commission each telephone	1319
company shall file with the commission a copy of any contract,	1320
agreement, note, bond, or other arrangement entered into with any	1321
telephone management, service or operating company.	1322

Sec. 4905.18.  Every public utility shall carry a proper and	1323
adequate depreciation or deferred maintenance account, whenever	1324
the public utilities commission, after investigation, determines	1325
that a depreciation account can be reasonably required. The	1326
commission shall ascertain, determine, and prescribe what are	1327
proper and adequate charges for depreciation of the several	1328
classes of property for each public utility. The public utility	1329
commission shall require every telephone company to carry a proper	1330
and adequate depreciation or deferred maintenance account and	1331
shall ascertain, determine, and prescribe what are proper and	1332
adequate charges in each exchange area of such company. The charge	1333
for depreciation shall be such as will provide the amount required	1334
over the cost and expense of maintenance to keep the property of	1335
the public utility in a state of efficiency corresponding to the	1336
progress of the art or industry. The commission may prescribe such	1337
changes in such charges for depreciation as it finds necessary.	1338

Sec. 4905.20.  No railroad as defined in section 4907.02 of	1339
the Revised Code, operating any railroad in this state, and no	1340
public utility as defined in section 4905.02 of the Revised Code	1341
furnishing service or facilities within this state, shall abandon	1342
or be required to abandon or withdraw any main track or depot of a	1343
railroad, or main pipe line, gas line, telegraph line, telephone	1344
toll line, electric light line, water line, sewer line, steam pipe	1345
line, or any portion thereof, pumping station, generating plant,	1346
power station, sewage treatment plant, or service station of a	1347
public utility, or the service rendered thereby, whichthat has	1348
once been laid, constructed, opened, and used for public business,	1349
nor shall any such facility be closed for traffic or service	1350
thereon, therein, or thereover except as provided in section	1351
4905.21 of the Revised Code. Any railroad or public utility	1352
violating this section shall forfeit and pay into the state	1353
treasury not less than one hundred dollars, nor more than one	1354
thousand dollars, and shall be subject to all other legal and	1355
equitable remedies for the enforcement of this section and section	1356
4905.21 of the Revised Code.	1357

Sec. 4905.21.  Any railroad or any political subdivision	1358
desiring to abandon, close, or have abandoned, withdrawn, or	1359
closed for traffic or service all or any part of a main track or	1360
depot, and any public utility or political subdivision desiring to	1361
abandon or close, or have abandoned, withdrawn, or closed for	1362
traffic or service all or any part of any line, pumping station,	1363
generating plant, power station, sewage treatment plant, or	1364
service station, referred to in section 4905.20 of the Revised	1365
Code, shall make application to the public utilities commission in	1366
writing. The commission shall thereupon cause reasonable notice of	1367
the application to be given, stating the time and place fixed by	1368
the commission for the hearing of the application.	1369

Upon the hearing of the application, the commission shall	1370
ascertain the facts and make its findings thereon, and if such	1371
facts satisfy the commission that the proposed abandonment,	1372
withdrawal, or closing for traffic or service is reasonable,	1373
having due regard for the welfare of the public and the cost of	1374
operating the service or facility, it may allow such abandonment,	1375
withdrawal, or closing; otherwise it shall be denied, or if the	1376
facts warrant, the application may be granted in a modified form.	1377
If the application asks for the abandonment or withdrawal of any	1378
main track, main pipe line, gas line, telegraph line, telephone	1379
toll line, electric light line, water line, sewer line, steam pipe	1380
line, pumping station, generating plant, power station, sewage	1381
treatment plant, service station, or the service rendered thereby,	1382
in such manner as can result in the permanent abandonment of	1383
service between any two points on such railroad, or of service and	1384
facilities of any such public utility, no application shall be	1385
granted unless the railroad or public utility has operated the	1386
track, pipe line, gas line, telegraph line, telephone toll line,	1387
electric light line, water line, sewer line, steam pipe line,	1388
pumping station, generating plant, power station, sewage treatment	1389
plant, or service station for at least five years. SuchThe notice	1390
shall be given by publication in a newspaper of general	1391
circulation throughout any county or municipal corporation which	1392
that has granted a franchise to the railroad or public utility,	1393
under which the track, pipe line, gas line, telegraph line,	1394
telephone toll line, electric light line, water line, sewer line,	1395
steam pipe line, pumping station, generating plant, power station,	1396
sewage treatment plant, or service station is operated or in which	1397
the same is located, once a week for two consecutive weeks before	1398
the hearing of the application. Notice of the hearing shall be	1399
given such county, municipal corporation, or public utility in the	1400
manner provided for the service of orders of the commission in	1401
section 4903.15 of the Revised Code. This section and section	1402
4905.20 of the Revised Code do not apply to a gas company when it	1403
is removing or exchanging abandoned field lines.	1404

This section applies to all service now rendered and	1405
facilities furnished or hereafter built and operated, and an order	1406
of the commission authorizing the abandonment or withdrawal of any	1407
such service or facility shall not affect rights and obligations	1408
of a railroad or public utility beyond the scope of the order,	1409
anything in its franchise to the contrary notwithstanding.	1410

Sec. 4905.26.  Upon complaint in writing against any public	1411
utility by any person, firm, or corporation, or upon the	1412
initiative or complaint of the public utilities commission, that	1413
any rate, fare, charge, toll, rental, schedule, classification, or	1414
service, or any joint rate, fare, charge, toll, rental, schedule,	1415
classification, or service rendered, charged, demanded, exacted,	1416
or proposed to be rendered, charged, demanded, or exacted, is in	1417
any respect unjust, unreasonable, unjustly discriminatory,	1418
unjustly preferential, or in violation of law, or that any	1419
regulation, measurement, or practice affecting or relating to any	1420
service furnished by the public utility, or in connection with	1421
such service, is, or will be, in any respect unreasonable, unjust,	1422
insufficient, unjustly discriminatory, or unjustly preferential,	1423
or that any service is, or will be, inadequate or cannot be	1424
obtained, and, upon complaint of a public utility as to any matter	1425
affecting its own product or service, if it appears that	1426
reasonable grounds for complaint are stated, the commission shall	1427
fix a time for hearing and shall notify complainants and the	1428
public utility thereof. SuchThe notice shall be served not less	1429
than fifteen days before hearing and shall state the matters	1430
complained of. The commission may adjourn such hearing from time	1431
to time.	1432

The parties to the complaint shall be entitled to be heard,	1433
represented by counsel, and to have process to enforce the	1434
attendance of witnesses.	1435

Upon the filing of a complaint by one hundred subscribers or	1436
five per cent of the subscribers to any telephone exchange,	1437
whichever number be smaller, or by the legislative authority of	1438
any municipal corporation served by such telephone company that	1439
any regulation, measurement, standard of service, or practice	1440
affecting or relating to any service furnished by the telephone	1441
company, or in connection with such service is, or will be, in any	1442
respect unreasonable, unjust, discriminatory, or preferential, or	1443
that any service is, or will be, inadequate or cannot be obtained,	1444
the commission shall fix a time for the hearing of such complaint.	1445

The hearing provided for in the next preceding paragraph	1446
shall be held in the county wherein resides the majority of the	1447
signers of such complaint, or wherein is located such municipal	1448
corporation. Notice of the date, time of day, and location of the	1449
hearing shall be served upon the telephone company complained of,	1450
upon each municipal corporation served by the telephone company in	1451
the county or counties affected, and shall be published for not	1452
less than two consecutive weeks in a newspaper of general	1453
circulation in the county or counties affected.	1454

Such hearing shall be held not less than fifteen nor more	1455
than thirty days after the second publication of such notice.	1456

Sec. 4905.30. Every(A) A public utility shall print and	1457
file with the public utilities commission schedules showing all	1458
rates, joint rates, rentals, tolls, classifications, and charges	1459
for service of every kind furnished by it, and all rules and	1460
regulations affecting them. SuchThe schedules shall be plainly	1461
printed and kept open to public inspection. The commission may	1462
prescribe the form of every such schedule, and may prescribe, by	1463
order, changes in the form of such schedules. The commission may	1464
establish and modify rules and regulations for keeping such	1465
schedules open to public inspection. A copy of suchthe schedules,	1466
or so much thereof as the commission deems necessary for the use	1467
and information of the public, shall be printed in plain type and	1468
kept on file or posted in such places and in such manner as the	1469
commission orders.	1470

(B) Division (A) of this section applies to a telephone	1471
company only regarding rates, joint rates, tolls, classifications,	1472
charges, rules, and regulations established pursuant to sections	1473
4905.71, 4927.10, 4927.11, 4927.12, 4927.13, 4927.16, and 4931.47	1474
of the Revised Code.	1475

Sec. 4905.40.  (A) A public utility or a railroad may, when	1476
authorized by order of the public utilities commission, issue	1477
stocks, bonds, notes, and other evidences of indebtedness, payable	1478
at periods of more than twelve months after their date of	1479
issuance, when necessary:	1480

(1) For the acquisition of property, the construction,	1481
completion, extension, renewal, or improvement of its facilities,	1482
or the improvement of its service; or	1483

(2) For reorganization or readjustment of its indebtedness	1484
and capitalization, for the discharge or lawful refunding of its	1485
obligation, or for the reimbursement of moneys actually expended	1486
for such purposes from income or from any other moneys in the	1487
treasury of the public utility or railroad not secured or obtained	1488
from the issue of stocks, bonds, notes, or other evidences of	1489
indebtedness of such public utility or railroad. No reimbursement	1490
of moneys expended for such purposes from income or other moneys	1491
in the treasury shall be authorized unless the applicant has kept	1492
its accounts and vouchers of such expenditures in such manner as	1493
to enable the commission to ascertain the amount and purposes of	1494
such expenditures.	1495

(B) Any public utility, subject to the jurisdiction of the	1496
commission, may, when authorized by the commission, issue shares	1497
of common capital stock to acquire or pay for shares of common	1498
capital stock of a public utility of this or an adjoining state	1499
whose property is so located as to permit the operation of the	1500
properties of such utilities as an integrated system if the	1501
applicant owns, or by this issue will acquire, not less than	1502
sixty-five per cent of the issued and outstanding common capital	1503
shares of the company whose shares are to be acquired, and if the	1504
consideration to be capitalized by the acquiring company does not	1505
exceed the par or stated value at which the shares so acquired	1506
were issued.	1507

(C) Any bonds, notes, or other evidences of indebtedness	1508
payable at periods of more than twelve months after their date may	1509
be issued as provided in sections 4905.40 to 4905.43 of the	1510
Revised Code, regardless of the amount of the capital stock of the	1511
public utility or railroad, subject to the approval of the	1512
commission of the excess of such bonds, notes, or other evidences	1513
of indebtedness above the amount of the capital stock of such	1514
public utility or railroad.	1515

(D) The commission shall authorize on the best terms	1516
obtainable such issues of stocks, bonds, and other evidences of	1517
indebtedness as are necessary to enable any public utility to	1518
comply with any contract made between such public utility and any	1519
municipal corporation prior to June 30, 1911.	1520

(E) The commission may authorize a public utility that is an	1521
electric light company to issue equity securities, or debt	1522
securities having a term of more than twelve months from the date	1523
of issuance, for the purpose of yielding to the company the	1524
capacity to acquire a facility that produces fuel for the	1525
generation of electricity.	1526

(F) In any proceeding under division (A)(1) of this section	1527
initiated by a public utility, the commission shall determine and	1528
set forth in its order:	1529

(1) Whether the purpose to which the issue or any proceeds of	1530
it shall be applied was or is reasonably required by the utility	1531
to meet its present and prospective obligations to provide utility	1532
service;	1533

(2) Whether the amount of the issue and the probable cost of	1534
such stocks, bonds, notes, or other evidences of indebtedness is	1535
just and reasonable;	1536

(3) What effect, if any, the issuance of such stocks, bonds,	1537
notes, or other evidences of indebtedness and the cost thereof	1538
will have upon the present and prospective revenue requirements of	1539
the utility.	1540

(G) Sections 4905.40 to 4905.42 of the Revised Code do not	1541
apply to stocks, bonds, notes, or other evidence of indebtedness	1542
issued for the purpose of financing oil or natural gas drilling,	1543
producing, gathering, and associated activities and facilities by	1544
a producer which supplies to no more than twenty purchasers only	1545
such gas as is produced, gathered, or purchased by such producer	1546
within this state.	1547

(H) Each public utility seeking authorization from the	1548
commission for the issuance of securities to finance the	1549
installation, construction, extension, or improvement of an air	1550
quality facility, as defined in section 3706.01 of the Revised	1551
Code, shall consider the availability of financing therefor from	1552
the Ohio air quality development authority and shall demonstrate	1553
to the commission that the proposed financing will be obtained on	1554
the best terms obtainable.	1555

(I) This section does not apply to a telephone company.

1556

Sec. 4905.402.  (A) As used in this section:

1557

(1) "Control" means the possession of the power to direct the	1558
management and policies of a domestic telephone company or a	1559
holding company of a domestic telephone company, or the management	1560
and policies of a domestic electric utility or a holding company	1561
of a domestic electric utility, through the ownership of voting	1562
securities, by contract, or otherwise, but does not include the	1563
power that results from holding an official position or the	1564
possession of corporate office with the domestic company or	1565
utility or the holding company. Control is presumed to exist if	1566
any person, directly or indirectly, owns, controls, holds the	1567
power to vote, or holds with the power to vote proxies that	1568
constitute, twenty per cent or more of the total voting power of	1569
the domestic company or utility or the holding company.	1570

(2) "Electric utility" has the same meaning as in section	1571
4928.07 of the Revised Code.	1572

(3) "Holding company" excludes any securities broker	1573
performing the usual and customary broker's function.	1574

(4) "Telephone company" means any company described in	1575
division (A)(2)(1) of section 4905.03 of the Revised Code that is	1576
a public utility under section 4905.02 of the Revised Code and	1577
provides basic local exchange service, as defined in section	1578
4927.01 of the Revised Code.	1579

(B) No person shall acquire control, directly or indirectly,	1580
of a domestic telephone company or a holding company controlling a	1581
domestic telephone company or of a domestic electric utility or a	1582
holding company controlling a domestic electric utility unless	1583
that person obtains the prior approval of the public utilities	1584
commission under this section. To obtain approval the person shall	1585
file an application with the commission demonstrating that the	1586
acquisition will promote public convenience and result in the	1587
provision of adequate service for a reasonable rate, rental, toll,	1588
or charge. The application shall contain such information as the	1589
commission may require. If the commission considers a hearing	1590
necessary, it may fix a time and place for hearing. If, after	1591
review of the application and after any necessary hearing, the	1592
commission is satisfied that approval of the application will	1593
promote public convenience and result in the provision of adequate	1594
service for a reasonable rate, rental, toll, or charge, the	1595
commission shall approve the application and make such order as it	1596
considers proper. If the commission fails to issue an order within	1597
thirty days of the filing of the application, or within twenty	1598
days of the conclusion of a hearing, if one is held, the	1599
application shall be deemed approved by operation of law.	1600

(C)(1) No person shall acquire control, directly or	1601
indirectly, of a domestic telephone company or a holding company	1602
controlling a domestic telephone company unless that person	1603
obtains the prior approval of the public utilities commission	1604
under this section. To obtain approval the person shall file an	1605
application with the commission demonstrating that the acquisition	1606
will not be contrary to the public interest. The application shall	1607
contain such information as the commission may require. If the	1608
commission considers a hearing necessary, it may, not more than	1609
twenty days after the filing of the application, fix a time and	1610
place for hearing. If, after review of the application and after	1611
any necessary hearing, the commission is satisfied that approval	1612
of the application will not be contrary to the public interest,	1613
the commission shall approve the application and make such order	1614
as it considers proper. If the commission fails to issue an order	1615
disapproving the application within thirty days of the filing of	1616
the application, or within twenty days of the conclusion of a	1617
hearing, if one is held, or in any event within sixty days after	1618
the filing of the application, the application shall be deemed	1619
approved by operation of law.	1620

(2) No domestic telephone company shall merge with another	1621
domestic telephone company unless the merging companies obtain the	1622
prior approval of the commission. An application seeking such	1623
approval shall be filed, processed, and decided in the manner	1624
provided for an application under division (C)(1) of this section.	1625
The commission shall adopt such rules as it finds necessary to	1626
carry out the provisions of this section.	1627

(D) If it appears to the commission or to any person that may	1628
be adversely affected that any person is engaged in or about to	1629
engage in any acts or practices that would violate division (B) or	1630
(C) of this section or any provision of a rule adopted under this	1631
section, the attorney general, when directed to do so by the	1632
commission, or the person claiming to be adversely affected may	1633
bring an action in any court of common pleas that has jurisdiction	1634
and venue to enjoin such acts or practices and enforce compliance	1635
with this section. Upon a proper showing, the court shall grant,	1636
without bond, a restraining order or temporary or permanent	1637
injunction.	1638

(E) The courts of this state have jurisdiction over every	1639
person not a resident of or domiciled or authorized to do business	1640
in this state that files, or is prohibited from acting without	1641
first filing, an application under division (B) or (C) of this	1642
section, and over all actions involving such person arising out of	1643
violations of any provision of this section or of a rule adopted	1644
under this section. The secretary of state shall be the agent for	1645
service of process for any such person in any action, suit, or	1646
proceeding arising out of such violations of this section. Copies	1647
of all such lawful process shall be served upon the secretary of	1648
state and transmitted by certified mail, with return receipt	1649
requested, by the secretary of state to such person at the	1650
person's last known address.	1651

Sec. 4905.41.  The proceedings for obtaining the authority of	1652
the public utilities commission for the issue of stocks, bonds,	1653
notes and other evidences of indebtedness, as provided in section	1654
4905.40 of the Revised Code, shall be as follows:	1655

(A) In case the stocks, bonds, notes, or other evidence of	1656
indebtedness are to be issued for money only, the public utility	1657
or railroad shall file with the commission a statement, signed and	1658
verified by the president or vice president and the secretary or	1659
treasurer of such public utility or railroad, setting forth:	1660

(1) The amount and character of the stocks, bonds, or other	1661
evidence of indebtedness;	1662

(2) The purposes for which they are to be issued;

1663

(3) The terms upon which they are to be issued;

1664

(4) The total assets and liabilities and an income statement	1665
of the public utility or railroad in such detail as the commission	1666
requires;	1667

(5) If the issue is desired for the purpose of the	1668
reimbursement of money expended from income, as provided by	1669
section 4905.40 of the Revised Code, the amount expended and when	1670
and for what purposes it was expended;	1671

(6) If the application is filed by a telephone company, a	1672
statement that such company is not in violation of section 4905.23	1673
of the Revised Code, and is not in violation of any order of the	1674
commission made under sections 4905.231 and 4905.381 of the	1675
Revised Code; or, if it is in violation thereof, that a portion or	1676
all of the proceeds will be used to correct such violation and	1677
that none of the proceeds will be used for expansion into or	1678
acquisition of any additional territory.	1679

(7) Such other facts and information pertinent to the inquiry	1680
as the commission requires.	1681

(B) If the stocks, bonds, notes, or other evidence of	1682
indebtedness are to be issued partly or wholly for property,	1683
services, or other consideration than money, the public utility or	1684
railroad shall file with the commission a statement, signed and	1685
verified by its president or vice president and its secretary, or	1686
treasurer setting forth:	1687

(1) The amount and character of the stocks, bonds, or other	1688
evidence of indebtedness proposed to be issued;	1689

(2) The purposes for which they are to be issued;

1690

(3) The description and estimated value of the property or	1691
services for which they are to be issued;	1692

(4) The terms on which they are to be issued or exchanged;

1693

(5) The amount of money to be received in addition to the	1694
property, service, or other consideration;	1695

(6) If the application is made by a telephone company, that	1696
the company is not in violation of section 4905.23 of the Revised	1697
Code and is not in violation of any order of the commission made	1698
under sections 4905.231 and 4905.381 of the Revised Code.	1699

(7) The total assets and liabilities and an income statement	1700
of the public utility or railroad in such detail as the commission	1701
requires;	1702

(8)(7) Such other facts and information pertinent to the	1703
inquiry as the commission requires.	1704

This section and section 4905.40 of the Revised Code do not	1705
apply to union depot companies organized and under contract prior	1706
to June 30, 1911, until the same are completed.	1707

This section does not apply to a telephone company.

1708

Sec. 4905.42.  To determine whether it should issue the order	1709
referred to in section 4905.40 of the Revised Code, the public	1710
utilities commission shall hold such hearings, make such inquiries	1711
or investigations, and examine such witnesses, books, papers,	1712
documents, and contracts as it deems proper.	1713

An order issued under this section shall fix the amount,	1714
character, and terms of any issue of stocks, bonds, notes, or	1715
other evidence of indebtedness, and the purposes to which the	1716
issue or any proceeds of it shall be applied, shall recite that	1717
the money, property, consideration, or labor procured or to be	1718
procured or paid for by such issue was or is reasonably required	1719
for the purposes specified in the order, and shall recite the	1720
value of any property, consideration, or service, as found by the	1721
commission, for which in whole or in part such issue is proposed	1722
to be made.	1723

No public utility or railroad shall, without the consent of	1724
the commission, apply any such issue or its proceeds to any	1725
purpose not specified in the order. Such public utilities or	1726
railroads may issue notes for proper corporate purposes, payable	1727
at periods of not more than twelve months, without the consent of	1728
the commission, but no such notes shall, in whole or in part,	1729
directly or indirectly, be refunded by any issue of stocks or	1730
bonds, or by any evidence of indebtedness, running for more than	1731
twelve months, without the consent of the commission.	1732

All stocks, bonds, notes, or other evidence of indebtedness	1733
issued by any public utility or railroad without the permission of	1734
the commission are void. No interstate railroad or public utility	1735
shall be required to apply to the commission for authority to	1736
issue stocks, bonds, notes, or other evidence of indebtedness for	1737
the acquisition of property, the construction, completion,	1738
extension, or improvement of its facilities, or the improvement or	1739
maintenance of its service outside this state, or for authority	1740
for the discharge or refunding of obligations issued or incurred	1741
for such purposes or the reimbursement of moneys actually expended	1742
for such purposes outside this state.	1743

No pipe-line company--when engaged in the business of	1744
transporting oil through pipes or tubing, either wholly or	1745
partly--within this state, shall be required to apply to the	1746
commission for authority to issue stocks, bonds, notes, or other	1747
evidence of indebtedness for the purpose of acquiring or paying	1748
for stocks, bonds, notes, or other evidence of indebtedness of any	1749
other corporation organized under the laws of this state, any	1750
other state, the District of Columbia, the United States, any	1751
territory of the United States, any foreign country, or otherwise.	1752

No company that is both a pipe-line company engaged as such	1753
in the business of transporting natural gas through pipes or	1754
tubing in interstate commerce, wholly or partly within this state,	1755
and a natural gas company engaged as such in this state solely in	1756
the business of supplying natural gas to gas companies or to	1757
natural gas companies shall be required to apply to the commission	1758
for authority to issue stocks, bonds, notes, or other evidence of	1759
indebtedness.	1760

This section does not apply to a telephone company.

1761

Sec. 4905.45.  Public utility or railroad corporations may,	1762
incident to the sale or pledge of bonds, notes, or other	1763
securities owned by them, jointly or severally indorse such	1764
securities and guarantee due payment of them, in any case in which	1765
such indorsement and guarantee is authorized by the public	1766
utilities commission or the interstate commerce commission.	1767

This section does not apply to telephone companies.

1768

Sec. 4905.46. (A) No public utility or railroad shall	1769
declare any stock, bond, or scrip dividend or distribution, or	1770
divide the proceeds of the sale of any stock, bond, or scrip among	1771
its stockholders, unless it is authorized to do so by the public	1772
utilities commission.	1773

(B) No telephone company shall declare any cash, stock, bond,	1774
or scrip dividend or distribution, or divide the proceeds of the	1775
sale of any stock, bond, or scrip among its common or voting	1776
shareholders, while such telephone company is in violation of any	1777
order of the commission, or against which telephone company there	1778
exists a finding of inadequate service, except when the public	1779
utilities commission makes a finding after hearing and notice, as	1780
provided in section 4905.26 of the Revised Code, that such	1781
dividend or distribution will in no way postpone compliance with	1782
any order or affect the adequacy of service rendered or to be	1783
rendered by such telephone company. If a telephone company, while	1784
in violation of any order of the commission, or against which	1785
there exists a finding of inadequate service, desires to declare a	1786
cash dividend or distribution without the consent of the	1787
commission, it shall set aside in a special reserve fund a sum of	1788
money equivalent to the amount necessary to pay the proposed	1789
dividend or distribution, which, while said company is in	1790
violation of said order or against which such finding exists, may	1791
be expended only with the consent of the commissionThis section	1792
does not apply to telephone companies.	1793

Sec. 4905.47.  The public utilities commission shall not	1794
authorize the capitalization of any franchise or right to own,	1795
operate, or enjoy any franchise in excess of the amount, exclusive	1796
of any tax or annual charge, actually paid to any political	1797
subdivision of the state or county as the consideration for the	1798
grant of such franchise or right, nor shall the capital stock of a	1799
public utility or railroad corporation formed by the merger or	1800
consolidation of two or more corporations exceed the sum of the	1801
capital stock of the corporations consolidated or merged, at the	1802
par value of such stock, and such sum or any additional sum	1803
actually paid in cash. No contract for consolidation or lease	1804
shall be capitalized in the stock of any public utility or	1805
railroad corporation, and no such corporation shall issue any	1806
bonds against or as a lien upon any contract for consolidation or	1807
merger. The aggregate amount of the debt of such consolidated	1808
companies by reason of such consolidation shall not be increased.	1809

This section does not apply to telephone companies.

1810

Sec. 4905.51.  Every public utility having any equipment on,	1811
over, or under any street or highway shall, subject to section	1812
4951.04 of the Revised Code, for a reasonable compensation, permit	1813
the use of such equipment by any other public utility whenever the	1814
public utilities commission determines, as provided in section	1815
4905.51 of the Revised Code, that public convenience, welfare, and	1816
necessity require such use or joint use, and that such use or	1817
joint use will not result in irreparable injury to the owner or	1818
other users of such equipment or any substantial detriment to the	1819
service to be rendered by such owners or other users.	1820

In case of failure to agree upon such use or joint use, or	1821
upon the conditions or compensation for such use or joint use, any	1822
public utility may apply to the commission, and if after	1823
investigation the commission ascertains that the public	1824
convenience, welfare, and necessity require such use or joint use	1825
and that it would not result in irreparable injury to the owner or	1826
other users of such property or equipment or in any substantial	1827
detriment to the service to be rendered by such owner or other	1828
users, the commission shall direct that such use or joint use be	1829
permitted and prescribe reasonable conditions and compensation for	1830
such joint use.	1831

Such use or joint use so ordered shall be permitted and such	1832
conditions and compensation so prescribed shall be the lawful	1833
conditions and compensation to be observed, followed, and paid,	1834
subject to recourse to the courts by any interested party as	1835
provided in Chapters 4901., 4903., 4905., 4907., 4909., 4921.,	1836
4923., and 4925.4927. of the Revised Code. The commission may	1837
revoke or revise any such order.	1838

Sec. 4905.52.  No officer, agent, or employee of a railroad	1839
company shall refuse to answer a question propounded to himthe	1840
officer, agent, or employee by a public utilities commissioner in	1841
the course of an examination authorized by Chapters 4901., 4903.,	1842
4905., 4907., 4909., 4921., 4923., and 4925.4927. of the Revised	1843
Code. The property of the railroad company of which such person is	1844
an officer, agent, or employee, is liable to be taken in execution	1845
to satisfy the fines and costs in case of a violation of this	1846
section.	1847

Sec. 4905.58.  All prosecutions against a railroad or	1848
telegraph company, or an officer, agent, or employee thereof,	1849
under Chapters 4901., 4903., 4905., 4907., 4909., 4921., and	1850
4923., and 4925. and other sections of the Revised Code for	1851
penalties involving imprisonment shall be by indictment.	1852

Sec. 4905.59.  If the public utilities commission, the	1853
officer requested by it, or a village solicitor or city director	1854
of law, when the cause of action arises in a municipal	1855
corporation, fails to prosecute a civil action for forfeiture	1856
against a railroad or telegraph company, or an officer, agent, or	1857
employee thereof as provided by law, the prosecuting attorney of	1858
the county in which a cause of action for forfeiture arises, upon	1859
the request of any taxpayer of the county, shall bring such action	1860
if hethe prosecuting attorney is furnished with evidence which	1861
that in histhe prosecuting attorney's judgment will sustain it.	1862
If the action fails, the costs of the action shall be adjudged	1863
against the county.	1864

If a cause of action for forfeiture arises within a municipal	1865
corporation, and the commission, the officer requested by it, or	1866
the prosecuting attorney, fails to prosecute such action, the	1867
village solicitor or city director of law of the municipal	1868
corporation, when required by resolution of the legislative	1869
authority, shall institute the action and prosecute it to final	1870
judgment. If the action fails, the cost of the action shall be	1871
adjudged against the municipal corporation. The time for notice of	1872
appeal and giving a bond does not apply to cases within the	1873
meaning of this section.	1874

Sec. 4905.61.  If any public utility or railroad does, or	1875
causes to be done, any act or thing prohibited by Chapters 4901.,	1876
4903., 4905., 4907., 4909., 4921., 4923., and 4925.4927. of the	1877
Revised Code, or declared to be unlawful, or omits to do any act	1878
or thing required by suchthe provisions of those chapters, or by	1879
order of the public utilities commission, suchthe public utility	1880
or railroad is liable to the person, firm, or corporation injured	1881
thereby in treble the amount of damages sustained in consequence	1882
of suchthe violation, failure, or omission. Any recovery under	1883
this section does not affect a recovery by the state for any	1884
penalty provided for in suchthe chapters.	1885

Sec. 4905.63. CompaniesA company formed to acquire property	1886
or to transact business whichthat would be subject to Chapters	1887
4901., 4903., 4905., 4907., 4909., 4921., 4923., and 4925.4927.	1888
of the Revised Code, and companiesa company owning or possessing	1889
franchises for any of the purposes contemplated in suchthose	1890
chapters, are subject to such chaptersthose chapters' provisions,	1891
although no property has been acquired, no business has been	1892
transacted, or no franchises have been exercised by themthe	1893
company.	1894

Sec. 4905.71.  (A) Every telephone, telegraph, or electric	1895
light company, whichthat is a public utility as defined by	1896
section 4905.02 of the Revised Code, shall permit, upon reasonable	1897
terms and conditions and the payment of reasonable charges, the	1898
attachment of any wire, cable, facility, or apparatus to its	1899
poles, pedestals, or placement of same in conduit duct space, by	1900
any person or entity other than a public utility that is	1901
authorized and has obtained, under law, any necessary public or	1902
private authorization and permission to construct and maintain the	1903
attachment, so long as the attachment does not interfere,	1904
obstruct, or delay the service and operation of the telephone,	1905
telegraph, or electric light company, or create a hazard to	1906
safety. Every such telephone, telegraph, or electric light company	1907
shall file tariffs with the public utilities commission containing	1908
the charges, terms, and conditions established for such use.	1909

(B) The public utilities commission shall regulate the	1910
justness and reasonableness of the charges, terms, and conditions	1911
contained in any such tariff, and may, upon complaint of any	1912
persons in which it appears that reasonable grounds for complaint	1913
are stated, or upon its own initiative, investigate such charges,	1914
terms, and conditions and conduct a hearing to establish just and	1915
reasonable charges, terms, and conditions, and to resolve any	1916
controversy whichthat may arise among the parties as to such	1917
attachment.	1918

Sec. 4905.73.  (A) The public utilities commission, upon	1919
complaint by any person or complaint or initiative of the	1920
commission, has jurisdiction under section 4905.26 of the Revised	1921
Code regarding any violation of division (B) of section 4905.72 of	1922
the Revised Code by a public utility.	1923

(B) Upon complaint or initiative under division (A) of this	1924
section, if the commission finds, after notice and hearing	1925
pursuant to section 4905.26 of the Revised Code, that a public	1926
utility has violated section 4905.72 of the Revised Code, the	1927
commission, by order, shall do all of the following:	1928

(1) Rescind the aggrieved consumer's change in service	1929
provider;	1930

(2) Require the public utility to absolve the aggrieved	1931
consumer of any liability for any charges assessed the consumer,	1932
or refund to the aggrieved consumer any charges collected from the	1933
consumer, by the public utility during the thirty-day period after	1934
the violation or failure to comply occurred or, where appropriate,	1935
during such other period after that occurrence as determined	1936
reasonable by the commission;	1937

(3) Require the public utility to refund or pay to the	1938
aggrieved consumer any fees paid or costs incurred by the consumer	1939
resulting from the change of the consumer's service provider or	1940
providers, or from the resumption of the consumer's service with	1941
the service provider or providers from which the consumer was	1942
switched;	1943

(4) Require the public utility to make the consumer whole	1944
regarding any bonuses or benefits, such as airline mileage or	1945
product discounts, to which the consumer is entitled, by restoring	1946
bonuses or benefits the consumer lost as a result of the violation	1947
or failure to comply and providing bonuses or benefits the	1948
consumer would have earned if not for the violation or failure to	1949
comply, or by providing something of equal value.	1950

(C) In addition to the remedies under division (B) of this	1951
section, if the commission finds, after notice and hearing	1952
pursuant to section 4905.26 of the Revised Code, that a public	1953
utility has violated section 4905.72 of the Revised Code, the	1954
commission, by order, may impose any of the following remedies or	1955
forfeitures:	1956

(1) Require the public utility to comply or undertake any	1957
necessary corrective action;	1958

(2) Require the public utility to compensate the service	1959
provider or providers from which the aggrieved consumer was	1960
switched in the amount of all charges the consumer would have paid	1961
that particular service provider for the same or comparable	1962
service had the violation or failure to comply not occurred;	1963

(3) Require the public utility to compensate the service	1964
provider or providers from which the aggrieved consumer was	1965
switched for any costs that the particular service provider incurs	1966
as a result of making the consumer whole as provided in division	1967
(B)(4) of this section or of effecting the resumption of the	1968
consumer's service;	1969

(4) Assess upon the public utility forfeitures of not more	1970
than one thousand dollars for each day of each violation or	1971
failure to comply. However, if the commission finds that the	1972
public utility has engaged or is engaging in a pattern or practice	1973
of committing any such violations or failures to comply, the	1974
commission may assess upon the public utility forfeitures of not	1975
more than five thousand dollars for each day of each violation or	1976
failure. Any forfeiture collected pursuant to this division shall	1977
be deposited into the state treasury to the credit of the general	1978
revenue fund.	1979

(5) Require the public utility to file with the commission a	1980
security payable to the state in such amount and upon such terms	1981
as the commission determines necessary to ensure compliance and	1982
payment of any forfeitures assessed pursuant to division (C)(4) of	1983
this section;	1984

(6) Rescind the public utility's authority to provide natural	1985
gas service or public telecommunications service within this	1986
state.	1987

(D) Proceedings of the commission pursuant to division (B) or	1988
(C) of this section are governed by Chapter 4903. of the Revised	1989
Code.	1990

(E) The commission may direct the attorney general to	1991
commence an action under section 4905.57 or 4905.60 of the Revised	1992
Code to enforce an order of the commission issued under division	1993
(B) or (C) of this section, including orders assessing	1994
forfeitures. Notwithstanding section 4905.57 of the Revised Code,	1995
an action authorized under this division may be brought in the	1996
court of common pleas of Franklin county or the court of common	1997
pleas of any county in which venue is proper under the Rules of	1998
Civil Procedure.	1999

(F) The remedy available under section 4905.61 of the Revised	2000
Code may be applied to any violation of section 4905.72 of the	2001
Revised Code.	2002

(G) The powers, remedies, forfeitures, and penalties provided	2003
by this section and section 4905.72 and division (D)(C) of section	2004
4905.99 of the Revised Code are in addition to any other power,	2005
remedy, forfeiture, or penalty provided by law.	2006

Sec. 4905.84. (A) As used in this section:

2007

(1) "Telecommunications relay service" means intrastate	2008
transmission services that provide the ability for an individual	2009
who has a hearing or speech impairment to engage in a	2010
communication by wire or radio with a hearing individual in a	2011
manner that is functionally equivalent to the ability of an	2012
individual who does not have a hearing or speech impairment to	2013
communicate using voice communication services by wire or radio.	2014
"Telecommunications relay service" includes services that enable	2015
two-way communication between an individual who uses a	2016
telecommunications device for the deaf or other nonvoice terminal	2017
device and an individual who does not use such a device.	2018

(2) "TRS provider" means an entity selected by the public	2019
utilities commission as the provider of telecommunications relay	2020
service for this state as part of the commission's intrastate	2021
telecommunications relay service program certified pursuant to	2022
federal law.	2023

(B) For the sole purpose of funding telecommunications relay	2024
service, the commission shall, not earlier than January 1, 2009,	2025
impose on and collect from each service provider that is required	2026
under federal law to provide its customers access to	2027
telecommunications relay service an annual assessment to pay for	2028
costs incurred by the TRS provider for providing such service in	2029
Ohio. The commission shall determine the appropriate service	2030
providers to be assessed the telecommunications relay service	2031
costs, including telephone companies as defined in division	2032
(A)(2)(1) of section 4905.03 of the Revised Code, commercial	2033
mobile radio service providers, and providers of advanced	2034
services or internet protocol-enabled services that are	2035
competitive with or functionally equivalent to basic local	2036
exchange service as defined in section 4927.01 of the Revised	2037
Code.	2038

(C) The assessment shall be allocated proportionately among	2039
the appropriate service providers using a competitively neutral	2040
formula established by the commission based on the number of	2041
retail intrastate customer access lines or their equivalent. The	2042
commission shall annually reconcile the funds collected with the	2043
actual costs of providing telecommunications relay service when it	2044
issues the assessment and shall either proportionately charge the	2045
service providers for any amounts not sufficient to cover the	2046
actual costs or proportionately credit amounts collected in excess	2047
of the actual costs. The total amount assessed from all service	2048
providers shall not exceed the total telecommunications relay	2049
service costs.	2050

Each service provider that pays the assessment shall be	2051
permitted to recover the cost of the assessment. The method of	2052
recovery may include, but is not limited to, a customer billing	2053
surcharge.	2054

The commission shall deposit the money collected in the	2055
telecommunications relay service fund, which is hereby created in	2056
the state treasury, and shall use the money in that fund solely	2057
to compensate the TRS provider.	2058

(D) The commission shall take such measures as it considers	2059
necessary to protect the confidentiality of information provided	2060
to the commission pursuant to this section by service providers	2061
required to pay the assessment.	2062

(E) The commission may assess a forfeiture of not more than	2063
one thousand dollars on any service provider failing to comply	2064
with this section. Each day's continuance of such failure is a	2065
separate offense. The forfeiture shall be recovered in accordance	2066
with sections 4905.55 to 4905.60 of the Revised Code.	2067

(F) The jurisdiction and authority granted to the commission	2068
by this section is limited to the administration and enforcement	2069
of this section. The commission may adopt such rules as it finds	2070
necessary to carry out this section. The commission shall adopt	2071
rules under section 111.15 of the Revised Code to establish the	2072
assessment amounts and procedures.	2073

Sec. 4905.99.  (A) Whoever violates section 4905.52 of the	2074
Revised Code shall be fined not less than fifty nor more than five	2075
hundred dollars.	2076

(B) Whoever violates section 4905.56 of the Revised Code is	2077
guilty of a felony of the fifth degree.	2078

(C) Coincident with the operation of section 4905.78 of the	2079
Revised Code, whoever violates that section is guilty of a	2080
misdemeanor of the fourth degree.	2081

(D) Whoever violates section 4905.74 of the Revised Code is	2082
guilty of a misdemeanor of the third degree.	2083

Sec. 4907.01.  As used in sections 4907.01 to 4907.63,	2084
inclusive, of the Revised Code:	2085

(A) "Public utility" has the same meaning set forthas in	2086
section 4905.02 of the Revised Code.	2087

(B) "Telegraph company," "telephoneTelephone company,"	2088
"electric light company," "gas company," "natural gas company,"	2089
"pipe-line company," "water-works company," "sewage disposal	2090
system company," "heating or cooling company," "messenger	2091
company," "street railway company," "suburban railroad company,"	2092
and "interurban railroad company," and "motor-propelled vehicle"	2093
have the meaning set forthsame meanings as in section 4905.03 of	2094
the Revised Code.	2095

(C) "Railroad" has the same meaning set forthas in section	2096
4907.02 of the Revised Code.	2097

(D) "Motor transportation company," "trailer," "publicPublic	2098
highway," "fixed termini," "regular route," and "irregular route"	2099
havehas the same meaning set forthas in sections 4905.03 and	2100
4921.02 of the Revised Code.	2101

(E) "Private motor carrier," "contract carrier by motor	2102
vehicle," "motor vehicle," and "charter party trip" have the	2103
meaning set forth in section 4923.02 of the Revised Code.	2104

Sec. 4907.14.  Within thirty days after the election of the	2105
directors of a railroad or telegraph company doing business in	2106
this state, the secretary of such companiesthe railroad shall	2107
forward to the public utilities commission a list of the officers	2108
and directors thereof, giving the place of residence and	2109
post-office address of each. If a change occurs in the	2110
organization of the officers or board of directors of a railroad	2111
or telegraph company, the secretary shall notify the commission of	2112
such change and the residence and post-office address of each of	2113
the officers and directors.	2114

Sec. 4907.30.  No railroad company owning or operating a	2115
railroad wholly or partly within this state shall, directly or	2116
indirectly, issue or give a free ticket, free pass, or free	2117
transportation for passengers, except to:	2118

(A) Its employees and their families, its officers, agents,	2119
surgeons, physicians, and attorneys at law;	2120

(B) Ministers of religion, traveling secretaries of railroad	2121
young men's or young women's christianChristian associations,	2122
inmates of hospitals and charitable institutions, and persons	2123
exclusively engaged in charitable work;	2124

(C) Indigent, destitute, and homeless persons, and to such	2125
persons when transported by charitable societies or hospitals, and	2126
the necessary agents employed in such transportation;	2127

(D) Residents of the national homes or state homes for	2128
disabled volunteer soldiers, and residents of veterans' homes,	2129
including those about to enter and those returning home after	2130
discharge, and boards of managers of such homes;	2131

(E) Necessary caretakers of livestock, poultry, and fruit;

2132

(F) Employees on sleeping cars, andor express cars;

2133

(G) Line workers of telegraph and telephone companies;

2134

(H) Railway mail service employees, post-office inspectors,	2135
custom inspectors, and immigration inspectors;	2136

(I) News carriers on trains, baggage agents, witnesses	2137
attending any legal investigation in which the railroad is	2138
interested, persons injured in wrecks, and physicians and nurses	2139
attending such persons.	2140

As used in this section, "employee" includes furloughed,	2141
pensioned, and superannuated employees, persons who have become	2142
disabled or infirm in the service of any such common carrier, the	2143
remains of a person killed in the employment of a carrier, and	2144
ex-employees traveling for the purpose of entering the service of	2145
any such common carrier, and "families" includes the families of	2146
such persons and also the surviving spouses and dependent children	2147
of employees who died while in the service of any common carrier.	2148

Sec. 4909.01.  As used in this chapter:

2149

(A) "Public utility" has the same meaning set forthas in	2150
section 4905.02 of the Revised Code.	2151

(B) "Telegraph company," "telephone company," "electric	2152
Electric light company," "gas company," "natural gas company,"	2153
"pipeline company," "water-works company," "sewage disposal system	2154
company," "heating or cooling company," "messenger company,"and	2155
"street railway company," "suburban railroad company," "interurban	2156
railroad company," and "motor-propelled vehicle" have the same	2157
meanings set forthas in section 4905.03 of the Revised Code.	2158

(C) "Railroad" has the same meaning set forthas in section	2159
4907.02 of the Revised Code.	2160

(D) "Motor transportation company" has the same meaning set	2161
forthas in sections 4905.03 and 4921.02 of the Revised Code.	2162

(E) "Trailers," "public highway," "fixed termini," "regular	2163
route," and "irregular route" have the meanings set forth in	2164
section 4921.02 of the Revised Code.	2165

(F) "Private motor carrier," "contract carrier by motor	2166
vehicle," "motor vehicle," and "charter party trip" have the	2167
meanings set forth in section 4923.02 of the Revised Code.	2168

Sec. 4909.02.  All regulations, practices, and service of	2169
railroad companies and telegraph companies prescribed by the	2170
public utilities commission shall be in force and be prima-facie	2171
reasonable, unless suspended or found otherwise in an action	2172
brought for that purpose pursuant to Chapters 4901., 4903., 4905.,	2173
4907., 4909., 4921., and 4923. of the Revised Code, or until	2174
changed or modified by the commission.	2175

Sec. 4909.03.  All rates, fares, charges, classifications,	2176
and joint rates of railroad companies and telegraph companies	2177
fixed by the public utilities commission shall be in force and be	2178
prima-facie lawful for two years from the day they take effect, or	2179
until changed or modified by the commission or by an order of a	2180
competent court in an action under Chapters 4901., 4903., 4905.,	2181
4907., 4909., 4921., and 4923., and 4925. of the Revised Code.	2182

Sec. 4909.17.  No rate, joint rate, toll, classification,	2183
charge, or rental, no change in any rate, joint rate, toll,	2184
classification, charge, or rental, and no regulation or practice	2185
affecting any rate, joint rate, toll, classification, charge, or	2186
rental of a public utility shall become effective until the public	2187
utilities commission, by order, determines it to be just and	2188
reasonable, except as provided in this section and sections	2189
4909.18 and 4909.19 of the Revised Code. Such sections do not	2190
apply to any rate, joint rate, toll, classification, charge, or	2191
rental, or any regulation or practice affecting the same, of	2192
railroads, street and electric railways, motor transportation	2193
companies, telegraph companies, and pipe line companies. Any	2194
change of any rate, joint rate, toll, classification, charge, or	2195
rental, or any regulation or practice affecting the same, of	2196
telegraph companies, may be made in the same manner as such	2197
changes may be made by railroad companies. All laws respecting	2198
such changes by railroad companies apply to such changes by	2199
telegraph companies.	2200

Sec. 4911.01.  As used in this chapter:

2201

(A) "Public utility" means every one as defined in divisions	2202
(A)(1), (2)(3), (4), (5), (6), (7), (8), (9), and (14)(13) of	2203
section 4905.03 of the Revised Code, including all public	2204
utilities that operatingoperate their utilities not for profit,	2205
except the following:	2206

(1) Electric light companies that operate their utilities not	2207
for profit;	2208

(2) Public utilities, other than telephone companies, that	2209
are owned and operated exclusively by and solely for the	2210
utilities' customers;	2211

(3) Public utilities that are owned or operated by any	2212
municipal corporation;	2213

(4) Railroads as defined in sections 4907.02 and 4907.03 of	2214
the Revised Code.	2215

(B) "Residential consumer" means urban, suburban, and rural	2216
patrons of public utilities insofar as their needs for utility	2217
services are limited to their residence.	2218

Sec. 4921.01.  As used in sections 4921.01 to 4921.32,	2219
inclusive, of the Revised Code:	2220

(A) "Public utility" has the same meaning set forthas in	2221
section 4905.02 of the Revised Code.	2222

(B) "Telegraph company," "telephone company," "electric	2223
light company," "gas company," "natural gas company," "pipe-line	2224
company," "water-works company," "sewage disposal system	2225
company," "heating or cooling company," "messenger company,"	2226
"streetStreet railway company," "suburban railroad company,"	2227
"interurban railroad company," and "motor-propelled vehicle" have	2228
the meaning set forthsame meanings as in section 4905.03 of the	2229
Revised Code.	2230

(C) "Railroad" has the same meaning set forthas in section	2231
4907.02 of the Revised Code.	2232

(D) "Motor transportation company" has the same meaning set	2233
forthas in sections 4905.03 and 4921.02 of the Revised Code.	2234

(E) "Private motor carrier," "contract carrier by motor	2235
vehicle," "motor vehicle," and "charter party trip" have the	2236
meaning set forthsame meanings as in section 4923.02 of the	2237
Revised Code.	2238

Sec. 4923.01.  As used in sections 4923.01 to 4923.17,	2239
inclusive, of the Revised Code:	2240

(A) "Public utility" has the same meaning set forthas in	2241
section 4905.02 of the Revised Code.	2242

(B) "Telegraph company," "telephone company," "electric	2243
light company," "gas company," "natural gas company," "pipe-line	2244
company," "water-works company," "sewage disposal system	2245
company," "heating or cooling company," "messenger company,"	2246
"street railway company," "suburban railroad company," "interurban	2247
railroad company," and "motor-propelledMotor-propelled vehicle"	2248
havehas the same meaning set forthas in section 4905.03 of the	2249
Revised Code.	2250

(C) "Railroad" has the meaning set forth in section 4907.02	2251
of the Revised Code.	2252

(D) "Motor transportation company" has the same meaning set	2253
forthas in sections 4905.03 and 4921.02 of the Revised Code.	2254

(E)(D) "Trailer," "public highway," "fixed termini,"and	2255
"regular route," and "irregular route" have the meaning set forth	2256
same meanings as in section 4921.02 of the Revised Code.	2257

Sec. 4927.01. (A) As used in this chapter:

2258

(A)(1) "Advanced services," "broadband service," and	2259
"information services" have the same meanings as in division (E)	2260
of section 4905.02 of the Revised Code.	2261

(2) "Basic local exchange service" means:

2262

(1) Endresidential-end-user access to and usage of	2263
telephone-company-provided services over a single line or	2264
small-business-end-user access to and usage of	2265
telephone-company-provided services over the primary access line	2266
of service, which in the case of residential and small-business	2267
access and usage is not part of a bundle or package of services,	2268
that enabledoes both of the following:	2269

(a) Enables a customer, over the primary line serving the	2270
customer's premises, to originate or receive voice	2271
communications within a local service area, and that consistas	2272
that area exists on the effective date of the amendment of this	2273
section by .... B. No. .... of the 128th general assembly;	2274

(b) Consists of all of the following services:

2275

(a)(i) Local dial tone service;

2276

(b)(ii) For residential end users, flat-rate telephone	2277
exchange service;	2278

(iii) Touch tone dialing service;

2279

(c)(iv) Access to and usage of 9-1-1 services, where such	2280
services are available;	2281

(d)(v) Access to operator services and directory assistance;

2282

(e)(vi) Provision of a telephone directory in any reasonable	2283
format for no additional charge and a listing in that directory,	2284
with reasonable accommodations made for private listings;	2285

(f)(vii) Per call, caller identification blocking services;

2286

(g)(viii) Access to telecommunications relay service; and

2287

(h)(ix) Access to toll presubscription, interexchange or toll	2288
providers or both, and networks of other telephone companies.	2289

(2)(3) "Carrier access" means access to and usage of	2290
telephone company-provided facilities that enable end user	2291
customers originating or receiving voice grade, data, or image	2292
communications, over a local exchange telephone company network	2293
operated within a local service area, to access interexchange or	2294
other networks and includes special access.	2295

(B) "Cable television service" means any transmission of	2296
video or other programming service to subscribers and any	2297
subscriber interaction required for the selection of that video or	2298
other programming service.	2299

(C)(4) "Federal poverty level" means the income level	2300
represented by the poverty guidelines as revised annually by the	2301
United States department of health and human services in	2302
accordance with section 673(2) of the "Omnibus Reconciliation Act	2303
of 1981," 95 Stat. 511, 42 U.S.C. 9902, as amended, for a family	2304
size equal to the size of the family of the person whose income is	2305
being determined.	2306

(5) "Incumbent local exchange carrier" means, with respect to	2307
an area, the local exchange carrier that:	2308

(a) On February 8, 1996, provided telephone exchange service	2309
in such area; and	2310

(b)(i) On February 8, 1996, was deemed to be a member of the	2311
exchange carrier association pursuant to 47 C.F.R. 69.601(b); or	2312

(ii) Is a person or entity that, on or after February 8,	2313
1996, became a successor or assign of a member described in	2314
division (A)(5)(b)(i) of this section.	2315

(6) "Internet protocol-enabled services" means any services,	2316
capabilities, functionalities, or applications that are provided	2317
using internet protocol or a successor protocol to enable an end	2318
user to send or receive data, video, or voice communications in	2319
internet protocol format or a successor format, regardless of how	2320
any particular such service is classified by the federal	2321
communications commission, and includes voice over internet	2322
protocol service.	2323

(7) "Local service area" means the geographic area that may	2324
encompass more than one exchange area and within which a telephone	2325
customer may complete a call to another telephone customer without	2326
being assessed long distance toll chargesat not more than the	2327
basic local exchange service rate.	2328

(D) "Public telecommunications service" means the	2329
transmission by a telephone company, by electromagnetic or other	2330
means, of signs, signals, writings, images, sounds, messages, or	2331
data originating and terminating in this state regardless of	2332
actual call routing, but does not include a system, including its	2333
construction, maintenance, or operation, for the provision of	2334
telecommunications service, or any portion of such service, by any	2335
entity for the sole and exclusive use of that entity, its parent,	2336
a subsidiary, or an affiliated entity, and not for resale,	2337
directly or indirectly; the provision of terminal equipment used	2338
to originate or terminate telecommunications service; broadcast	2339
transmission by radio, television, or satellite broadcast stations	2340
regulated by the federal government; or cable television service.	2341

(E)(8) "Small business" mean a nonresidential service	2342
customer with three or fewer basic local exchange service access	2343
lines.	2344

(9) "Telecommunications" means the transmission, between or	2345
among points specified by the user, of information of the user's	2346
choosing, without change in the form or content of the information	2347
as sent and received.	2348

(10) "Telecommunications service" means the offering of	2349
telecommunications for a fee directly to the public, or to such	2350
classes of users as to be effectively available directly to the	2351
public, regardless of the facilities used.	2352

(11) "Telephone company" means anya company described in	2353
division (A)(2)(1) of section 4905.03 of the Revised Code that is	2354
a public utility under section 4905.02 of the Revised Code and	2355
that provides telecommunications service other than advanced,	2356
broadband, information, or internet protocol-enabled services.	2357

(12) "Telephone exchange service" means telecommunications	2358
service that is within a telephone exchange, or within a connected	2359
system of telephone exchanges within the same exchange area	2360
operated to furnish to subscribers intercommunicating service of	2361
the character ordinarily furnished by a single exchange, and that	2362
is covered by the exchange service charge; or comparable service	2363
provided through a system of switches, transmission equipment, or	2364
other facilities, or combination thereof, by which a customer can	2365
originate and terminate a telecommunications service.	2366

(13) "Telephone toll service" means telephone service between	2367
stations in different exchange areas for which there is made a	2368
separate charge not included in contracts with customers for	2369
exchange service.	2370

(14) "Voice over internet protocol service" means a service	2371
that uses a broadband connection from an end user's location and	2372
enables real-time, two-way, voice communications that originate or	2373
terminate from the user's location using internet protocol or a	2374
successor protocol, including, but not limited to, any such	2375
service that permits an end user to receive calls from and	2376
terminate calls to the public switched network.	2377

(15) "Wireless service" means federally licensed commercial	2378
mobile service as defined in the "Telecommunications Act of 1996,"	2379
110 Stat. 61, 151, 153, 47 U.S.C. 332(d) and further defined as	2380
commercial mobile radio service in 47 C.F.R. 20.3. Under division	2381
(A)(15) of this section, commercial mobile radio service is	2382
specifically limited to mobile telephone, mobile cellular	2383
telephone, paging, personal communications services, and	2384
specialized mobile radio service provided by a common carrier in	2385
this state and excludes fixed wireless service.	2386

(16) "Wireless service provider" means a facilities-based	2387
provider of wireless service to one or more end users in this	2388
state.	2389

(B) The definitions of this section shall be applied	2390
consistent with the definitions in the "Balanced Budget Act of	2391
1997," 111 Stat. 258, 47 U.S.C. 153, and with federal decisions	2392
interpreting those definitions.	2393

Sec. 4927.02.  (A) It is the policy of this state to:

2394

(1) Ensure the availability of adequate basic local exchange	2395
service to citizens throughout the state;	2396

(2) Provide incentives for competing telephone companies to	2397
provide advanced, high-quality telecommunications service to	2398
citizens throughout the state;	2399

(3) Rely primarily on market forces, where they are present	2400
and capable of supporting a healthy and sustainable, competitive	2401
telecommunications market, to maintain just and reasonable rates,	2402
rentals, tolls, and charges for public telecommunications service	2403
levels for telecommunications services at reasonable rates;	2404

(3)(4) Encourage innovation in the telecommunications	2405
industry and the deployment of advanced telecommunications	2406
services;	2407

(4)(5) Create a regulatory climate that provides incentives	2408
to create and maintain high technology jobs for Ohioans;	2409

(6) Promote diversity and options in the supply of public	2410
telecommunications services and equipment throughout the state;	2411

(5)(7) Recognize the continuing emergence of a competitive	2412
telecommunications environment through flexible regulatory	2413
treatment of public telecommunications services where appropriate;	2414

(6)(8) Consider the regulatory treatment of competing and	2415
functionally equivalent services in determining the scope ofand,	2416
to the extent practicable, provide for equivalent regulation of	2417
all telephone companies and services that are subject to the	2418
jurisdiction of the public utilities commission;	2419

(7)(9) Not unduly favor or advantage any provider and not	2420
unduly disadvantage providers of competing and functionally	2421
equivalent services; and	2422

(8)(10) Protect the affordability of telephone service for	2423
low-income subscribers through the continuation of federal	2424
lifeline assistance programs, with an appropriate cost recovery	2425
mechanism for any additional assistance.	2426

(B) The public utilities commission shall consider the policy	2427
set forth in this section in carrying out sections 4927.03 and	2428
4927.04 of the Revised Code and in reducing or eliminating the	2429
regulation of telephone companies under those sections as to any	2430
public telecommunications servicethis chapter.	2431

Sec. 4927.03. (A) The public utilities commission has	2432
jurisdiction over telecommunications service and telephone	2433
companies in this state as described in sections 4927.01 to	2434
4927.18 of the Revised Code. With respect to internet	2435
protocol-enabled services, including voice over internet protocol	2436
service, the commission has jurisdiction to act consistent with	2437
section 4905.042 of the Revised Code, including performing the	2438
acts of a state commission, as defined in 47 U.S.C. 153, under	2439
federal law, and including adjudication of disputes between	2440
telephone companies and providers of internet protocol-enabled	2441
services, including voice over internet protocol service, under	2442
section 4927.18 of the Revised Code.	2443

(B) The commission has no authority over a telecommunications	2444
service that is not commercially available on the effective date	2445
of this section, unless the commission, upon a finding that the	2446
exercise of that jurisdiction is necessary for the protection,	2447
welfare, and safety of the public, adopts rules specifying the	2448
necessary regulation.	2449

(C) The commission has no authority over wireless service or	2450
wireless service providers, except as provided under sections	2451
4905.84, 4927.04, 4927.05, 4927.18, 4931.40 to 4931.70, and	2452
4931.99 of the Revised Code and only to the extent authorized by	2453
federal law, including federal regulations. The requirements of	2454
sections 4905.10, 4905.14, and 4911.18 of the Revised Code shall	2455
apply to a wireless service provider. The commission has such	2456
authority as is necessary to enforce the sections listed in this	2457
division.	2458

(D) For purposes of sections 4927.01 to 4927.18 of the	2459
Revised Code, sections 4903.02, 4903.03, 4903.24, 4903.25,	2460
4905.04, 4905.05, 4905.06, 4905.13, 4905.15, 4905.16, 4905.17,	2461
4905.22, 4905.26, 4905.27, 4905.28, 4905.29, 4905.31, 4905.32,	2462
4905.33, 4905.34, 4905.37, 4905.38, 4905.39, 4905.48, 4905.54,	2463
4905.55, 4905.56, and 4905.60 of the Revised Code do not apply to	2464
a telephone company or, as applicable, to an officer, employee,	2465
or agent of such company or provider, except to the extent	2466
necessary for the commission to carry out sections 4927.01 to	2467
4927.18 of the Revised Code.	2468

(E) Except as specifically authorized in sections 4927.01 to	2469
4927.18 of the Revised Code, the commission has no authority over	2470
the quality of service provided by, and the service rates, terms,	2471
and conditions of, a telephone company.	2472

(F) The commission shall initially adopt the rules required	2473
by this chapter not later than one hundred twenty days after the	2474
effective date of this section. Subject to the authority granted	2475
to the commission under this chapter, the commission may adopt	2476
other rules as it finds necessary to carry out this chapter.	2477

Sec. 4927.04. The public utilities commission has such power	2478
and jurisdiction as is reasonably necessary for it to perform	2479
the obligations authorized by or delegated to it under federal	2480
law, including federal regulations, which obligations include	2481
performing the acts of a state commission as defined in the	2482
"Balanced Budget Act of 1997," 111 Stat. 258, 47 U.S.C. 153 and	2483
include, but are not limited to, carrying out any of the	2484
following:	2485

(A) Rights and obligations under the interconnection	2486
provisions of Pub. L. No. 106-81, 113 Stat. 1287, 47 U.S.C. 251;	2487

(B) Authority to mediate and arbitrate disputes under the	2488
"Telecommunications Act of 1996," 110 Stat. 66, 47 U.S.C. 252;	2489

(C) Administration of telephone numbers and number	2490
portability;	2491

(D) Certification for universal service funding;

2492

(E) Administration of truth-in-billing;

2493

(F) Administration of customer proprietary network	2494
information;	2495

(G) Outage reporting consistent with federal requirements.

2496

Sec. 4927.05.  (A)(1) No telephone company shall operate in	2497
this state without first obtaining a certificate from the public	2498
utilities commission, and no wireless service provider shall	2499
operate in this state without first being registered with the	2500
commission. A telephone company not holding such a certificate on	2501
the effective date of this section, or a wireless service	2502
provider not so registered on that date, shall file, respectively,	2503
a certification application or registration with the commission,	2504
each in the manner set forth in rules adopted by the commission.	2505
The application or registration shall include all of the	2506
following:	2507

(a) The company's or provider's name and address;

2508

(b) The name of a contact person and that person's contact	2509
information;	2510

(c) A service description, including the general geographic	2511
areas served, but not maps of service areas;	2512

(d) Evidence of registration with the secretary of state;

2513

(e) Evidence of notice to the public utilities tax division	2514
of the department of taxation of the company's or provider's	2515
intent to provide service;	2516

(f) As to a certification application, evidence of	2517
financial, technical, and managerial ability to provide adequate	2518
service to the public consistent with law.	2519

Division (A)(1) of this section does not apply to any	2520
incumbent local exchange carrier.	2521

(2) The commission may suspend or reject the certification	2522
application of a telephone company if it finds, within thirty	2523
days after the application's submission and based on the evidence	2524
provided under division (A)(1)(f) of this section, that the	2525
applicant lacks financial, technical, or managerial ability	2526
sufficient to provide adequate service to the public consistent	2527
with law.	2528

(B) The commission shall require a telephone company to	2529
update its certification, and a wireless service provider to	2530
update its registration, and provide any necessary notice to	2531
customers, in the manner set forth in rules adopted by the	2532
commission, if any of the filed information described in divisions	2533
(A)(1)(a) to (f) of this section changes.	2534

Sec. 4927.06.  (A) No telephone company shall commit any	2535
unfair or deceptive act or practice in connection with the	2536
offering or provision of any telecommunications service in this	2537
state. A failure to comply with any of the following requirements	2538
shall constitute an unfair or deceptive act or practice by a	2539
telephone company:	2540

(1) Any communication by the company, including, but not	2541
limited to, a solicitation, offer, or contract term or condition,	2542
shall be truthful, clear, conspicuous, and accurate in disclosing	2543
any material terms and conditions of service and any material	2544
exclusions or limitations. This requirement does not apply where	2545
it is not practicable to include that information.	2546

(2) Any written service solicitation, marketing material,	2547
offer, contract, or agreement, as well as any written response	2548
from the company to a service-related inquiry or complaint that	2549
the company receives from a customer or others, shall disclose	2550
the company's name and contact information. This requirement does	2551
not apply where it is not practicable to include that	2552
information.	2553

(3) The company shall inform its customers, as applicable and	2554
in any reasonable manner, of their rights and responsibilities	2555
concerning inside wire, the repair and maintenance of	2556
customer-owned equipment, and the use of a network interface	2557
device, and of any charges that the company imposes for a	2558
diagnostic visit, consistent with rules adopted by the	2559
commission.	2560

(4) The company shall not commit any act, practice, or	2561
omission that the commission determines, by rulemaking under	2562
section 4927.03 of the Revised Code or adjudication under section	2563
4927.18 of the Revised Code, constitutes an unfair or deceptive	2564
act or practice in connection with the offering or provision of	2565
telecommunications service in this state.	2566

(B) The commission shall provide notice to all telephone	2567
companies specifying any act, practice, or omission that it	2568
prescribes pursuant to division (A)(4) of this section. No	2569
telephone company is liable for any act, practice, or omission	2570
absent that notice and adequate time for implementation.	2571

(C) This section does not apply to wireless service. A	2572
consumer purchase of wireless service or a related product shall	2573
constitute a consumer transaction for purposes of sections 1345.01	2574
to 1345.13 of the Revised Code, notwithstanding any provision of	2575
those sections to the contrary.	2576

Sec. 4927.07.  (A) A telephone company may withdraw any	2577
telecommunications service if it gives at least thirty days' prior	2578
notice to the public utilities commission and to its affected	2579
customers.	2580

(B) A telephone company may abandon entirely	2581
telecommunications service in this state if it gives at least	2582
thirty days' prior notice to the commission, to its wholesale and	2583
retail customers, and to any telephone company wholesale provider	2584
of its services.	2585

(C) Divisions (A) and (B) of this section do not apply to	2586
basic local exchange service provided by an incumbent local	2587
exchange carrier.	2588

Sec. 4927.08.  (A) A telephone company providing basic local	2589
exchange service shall conduct its operations so as to ensure	2590
that the service is available, adequate, and reliable, consistent	2591
with applicable industry standards.	2592

(B) The public utilities commission shall adopt rules	2593
applicable to telephone company provision of basic local exchange	2594
service that conform to the following requirements, and no other	2595
rules regarding that service except as expressly authorized in	2596
this chapter:	2597

(1) Basic local exchange service shall be installed within	2598
five business days of the receipt by a telephone company of a	2599
completed application for that service.	2600

(2) A basic local exchange service outage or	2601
service-affecting problem shall be repaired within seventy-two	2602
hours after it is reported to the telephone company.	2603

(3) A telephone company may disconnect basic local exchange	2604
service for nonpayment of any amount past due on a billed account	2605
not earlier than fourteen days after the due date of the	2606
customer's bill, provided that the customer is given notice of	2607
the disconnection seven days before the disconnection.	2608

(4) Reconnection of service previously disconnected for	2609
nonpayment shall be completed not later than five business days	2610
after the receipt of payment in full by the telephone company of	2611
the amount owed.	2612

(5) A telephone company may require a deposit, not to exceed	2613
a reasonable estimate of three months' service charges, for the	2614
installation of basic local exchange service for any person that	2615
it determines, in its discretion, is not creditworthy.	2616

(6) If residential basic local exchange service is	2617
disconnected for nonpayment, a telephone company shall maintain	2618
the customer's access to 9-1-1 service for a period of at least	2619
fourteen days following the disconnection.	2620

(7) If a customer disconnected for nonpayment of past due	2621
charges enters into a mutually agreed-upon payment arrangement, a	2622
telephone company shall, upon request, reconnect that customer to	2623
basic local exchange service, without requiring the payment of the	2624
full amount due.	2625

Sec. 4927.09.  (A) Except as otherwise provided in this	2626
section, an incumbent local exchange carrier shall provide basic	2627
local exchange service on a reasonable and nondiscriminatory basis	2628
to all persons or entities in its service area requesting that	2629
service.	2630

(B)(1) An incumbent local exchange carrier is not obligated	2631
to construct facilities and provide basic local exchange service,	2632
or any other telecommunications service, to the occupants of	2633
multitenant real estate, including, but not limited to,	2634
apartments, condominiums, subdivisions, office buildings, or	2635
office parks, if the owner, operator, or developer of the	2636
multitenant real estate does any of the following to the benefit	2637
of any other telecommunications service provider:	2638

(a) Permits only one provider of telecommunications service	2639
to install the company's facilities or equipment during the	2640
construction or development phase of the multitenant real estate;	2641

(b) Accepts or agrees to accept incentives or rewards that	2642
are offered by a telecommunications service provider to the owner,	2643
operator, developer, or occupants of the multitenant real estate	2644
and are contingent on the provision of telecommunications service	2645
by that provider to the occupants, to the exclusion of services	2646
provided by other telecommunications service providers;	2647

(c) Collects from the occupants of the multitenant real	2648
estate any charges for the provision of telecommunications service	2649
to the occupants, including charges collected through rents, fees,	2650
or dues.	2651

(2) A carrier not obligated to construct facilities and	2652
provide basic local exchange service pursuant to division (B)(1)	2653
of this section shall notify the public utilities commission of	2654
that fact within one hundred twenty days of receiving knowledge	2655
thereof.	2656

(3) The commission by rule may establish a process for	2657
determining a necessary successor telephone company to provide	2658
service to real estate described in division (B)(1) of this	2659
section when the circumstances described in that division cease to	2660
exist.	2661

(4) An incumbent local exchange carrier that receives a	2662
request from any person or entity to provide service under the	2663
circumstances described in division (B)(1) of this section shall,	2664
within fifteen days of such receipt, provide notice to the person	2665
or entity specifying whether the carrier will provide the	2666
requested service. If the carrier provides notice that it will not	2667
serve the person or entity, the notice shall describe the person's	2668
or entity's right to file a complaint with the commission under	2669
section 4927.18 of the Revised Code within thirty days after	2670
receipt of the notice. In resolving any such complaint, the	2671
commission's determination shall be limited to whether any	2672
circumstance described in divisions (B)(1)(a) to (c) of this	2673
section exists. Upon a finding by the commission that such a	2674
circumstance exists, the complaint shall be dismissed. Upon a	2675
finding that such circumstances do not exist, the person's or	2676
entity's sole remedy shall be provision by the carrier of the	2677
requested service within a reasonable time.	2678

(C) An incumbent local exchange carrier may apply to the	2679
commission for a waiver from compliance with division (A) of this	2680
section. Within ninety days of the application's filing, the	2681
commission either shall issue an order granting the waiver if,	2682
upon investigation, it finds the waiver to be just, reasonable,	2683
and not contrary to the public interest, or shall issue an order	2684
denying the waiver based on a failure to meet those standards and	2685
specifying the reasons for the denial.	2686

Sec. 4927.10.  (A)(1) Except as provided in division (A)(2)	2687
of this section, and only once during the first twelve months	2688
following the effective date of this section and upon not less	2689
than thirty days' notice to the public utilities commission and to	2690
affected customers, an incumbent local exchange carrier may	2691
increase its rates for basic local exchange service by not more	2692
than one dollar twenty-five cents above the rates in effect on	2693
the effective date of this section.	2694

(2) If the incumbent local exchange carrier increased those	2695
rates within twelve months prior to the effective date of this	2696
section, the increase allowed by division (A)(1) of this section	2697
shall not be instituted until twelve months after the date of that	2698
increase.	2699

(B) In subsequent years and upon not less than thirty days'	2700
notice to the commission and to affected customers, an incumbent	2701
local exchange carrier may increase its rates for basic local	2702
exchange service by not more than one dollar twenty-five cents	2703
above the basic local exchange service rates in effect at the end	2704
of the preceding twelve-month period. No banking of permissible	2705
rate increases is permitted.	2706

(C) The rates, terms, and conditions for basic local exchange	2707
service and for installation and reconnection fees for basic local	2708
exchange service shall be tariffed in the manner prescribed by	2709
rule adopted by the commission.	2710

Sec. 4927.11.  (A) An incumbent local exchange carrier that	2711
is an eligible telecommunications carrier under 47 C.F.R. 54.201	2712
shall implement lifeline service throughout the carrier's	2713
traditional service area for its eligible residential customers.	2714

(1) Lifeline service shall consist of all of the following:

2715

(a) Flat-rate, monthly, primary access line service with	2716
touch-tone service, at a recurring discount to the monthly basic	2717
local exchange service rate that provides for the maximum	2718
contribution of federally available assistance;	2719

(b) Not more than once at the same address in a twelve-month	2720
period, a waiver of all nonrecurring service order charges for	2721
establishing service;	2722

(c) Free blocking of toll service, 900 service, and 976	2723
service.	2724

The carrier may offer to lifeline service customers any other	2725
services and bundles or packages of service at the prevailing	2726
prices, subject to the carrier's prevailing credit requirements.	2727

(2) The carrier also shall offer special payment arrangements	2728
to lifeline service customers that have past due bills for	2729
regulated local service charges, with the initial payment not to	2730
exceed twenty-five dollars before service is installed, and the	2731
balance for regulated local service charges to be paid over six,	2732
equal, monthly payments. Lifeline service customers with past due	2733
bills for toll service charges shall have toll restricted service	2734
until the past due toll service charges have been paid or until	2735
the customer establishes service with another toll service	2736
provider.	2737

(3) All other aspects of the carrier's state-specific	2738
lifeline service shall be consistent with federal requirements. No	2739
carrier shall be required to perform any outreach, marketing, or	2740
promotion of lifeline service over and above that which is	2741
federally required.	2742

(B) The rates, terms, and conditions for the carrier's	2743
lifeline service shall be tariffed in the manner prescribed by	2744
rule adopted by the commission.	2745

(C)(1) Eligibility for lifeline service under division (A) of	2746
this section shall be based on either of the following criteria:	2747

(a) A person's verifiable participation in any federal or	2748
state low-income assistance program that limits assistance based	2749
on household income at or below one hundred fifty per cent of the	2750
federal poverty level;	2751

(b) Other verification that a person's household income is at	2752
or below one hundred fifty per cent of the federal poverty level.	2753

The commission shall work with the appropriate state agencies	2754
that administer federal or state low-income assistance programs	2755
and with carriers to negotiate and acquire information necessary	2756
to verify a person's eligibility and the data necessary to	2757
automatically enroll eligible persons for lifeline service.	2758

(2) The carrier shall provide written notification if the	2759
carrier determines that a person is not eligible for lifeline	2760
service and shall provide the person an additional thirty days to	2761
prove eligibility.	2762

(3) The carrier shall provide written customer notification	2763
if a customer's lifeline service is to be terminated due to	2764
failure to submit acceptable documentation for continued	2765
eligibility for that assistance and shall provide the customer an	2766
additional sixty days to submit acceptable documentation of	2767
continued eligibility or dispute the carrier's findings regarding	2768
termination of the lifeline service.	2769

(D) An incumbent local exchange carrier or eligible	2770
telecommunications carrier may establish a surcharge, applied to	2771
end users of the carrier's telecommunications service other than	2772
lifeline service customers, to recover any lifeline service	2773
discounts and any other lifeline service expenses that the	2774
commission prescribes by rule and that are not recovered through	2775
federal or state funding. The commission has the authority to	2776
review the surcharge, which shall be established to prevent	2777
overrecovery by the carrier.	2778

Sec. 4927.12.  The public utilities commission may adopt	2779
rules requiring any telephone company that is a telephone toll	2780
service provider to offer discounts for operator-assisted and	2781
direct-dial services for persons with communication disabilities.	2782

Sec. 4927.13.  (A) The rates, terms, and conditions for	2783
carrier access, N-1-1 services, including 9-1-1 service, pole	2784
attachments and conduit occupancy, pay telephone access lines,	2785
toll presubscription, and telecommunications relay service	2786
provided in this state by a telephone company shall be approved	2787
and tariffed in the manner prescribed by rule adopted by the	2788
public utilities commission and shall be subject to the	2789
applicable laws, including rules or regulations adopted and	2790
orders issued by the commission or the federal communications	2791
commission and, including, as to 9-1-1 service, sections 4931.40	2792
to 4931.70 and 4931.99 of the Revised Code.	2793

(B) The commission may order changes in a telephone	2794
company's rates for carrier access in this state subject to this	2795
division. The commission shall not require a telephone company to	2796
reduce its rates for carrier access that are in effect on the	2797
effective date of this section except on a revenue-neutral basis,	2798
and any resulting rate changes necessary to comply with division	2799
(B) of this section shall be in addition to any rate adjustment	2800
authorized under section 4927.10 of the Revised Code. The	2801
commission has authority to address carrier access policy and to	2802
create and administer mechanisms for carrier access reform,	2803
including, but not limited to, high cost support.	2804

Sec. 4927.14.  (A) The public utilities commission shall not	2805
establish any requirements for the unbundling of network elements,	2806
for the resale of telecommunications service, or for network	2807
interconnection that exceed or are inconsistent with or prohibited	2808
by federal law, including federal regulations.	2809

(B) The commission shall not establish pricing for such	2810
unbundled elements, resale, or interconnection that is	2811
inconsistent with or prohibited by federal law, including federal	2812
regulations, and shall comply with federal law, including federal	2813
regulations, in establishing such pricing.	2814

Sec. 4927.15.  A telephone company shall provide at least	2815
fifteen days' advance notice to its affected customers of any	2816
material change in the rates, terms, and conditions of a service	2817
and any change in the company's operations that are not	2818
transparent to customers and may impact service.	2819

Sec. 4927.16.  The public utilities commission may adopt	2820
rules regarding the rates, terms, and conditions of intrastate	2821
telecommunications service initiated from a telephone instrument	2822
set aside for use by inmates or juvenile offenders by authorities	2823
of a secured correctional facility.	2824

Sec. 4927.17.  The public utilities commission may	2825
investigate or examine the books, records, or practices of any	2826
telephone company, but only to the extent of the commission's	2827
jurisdiction over the company under sections 4927.01 to 4927.18 of	2828
the Revised Code. Subject to that limitation, the commission may	2829
do any of the following:	2830

(A) Through its commissioners or by inspectors or employees	2831
authorized by it, examine the books, records, contracts,	2832
documents, and papers of any such company for any purpose	2833
incidental to the commission's authority under those sections;	2834

(B) By subpoena duces tecum, compel the production of such	2835
books, records, contracts, documents, and papers;	2836

(C) Compel the attendance of such witnesses as it requires	2837
to give evidence in connection with such an investigation.	2838

Sec. 4927.18. (A) Any person may file with the public	2839
utilities commission, or the commission may initiate, a complaint	2840
against a telephone company other than a wireless service	2841
provider, alleging that any rate, practice, or service of the	2842
company is unjust, unreasonable, unjustly discriminatory, or in	2843
violation of or noncompliance with any provision of sections	2844
4927.01 to 4927.17 of the Revised Code or a rule or order adopted	2845
or issued under those sections. Any dispute between telephone	2846
companies, between telephone companies and wireless service	2847
providers, or between wireless service providers that is within	2848
the commission's jurisdiction under sections 4927.01 to 4927.17 of	2849
the Revised Code may be brought by a filing pursuant to this	2850
division.	2851

(B) If it appears that reasonable grounds for complaint are	2852
stated by a complaint filed under division (A) of this section,	2853
the commission shall fix a time for hearing and shall notify	2854
complainants and the telephone company or wireless service	2855
provider thereof. The parties to the complaint shall be entitled	2856
to be heard, represented by counsel, and to have a process for the	2857
attendance of witnesses.	2858

(C) If the commission after hearing in a proceeding under	2859
division (B) of this section makes a finding against the party	2860
complained of, the commission may do either or both of the	2861
following:	2862

(1) Determine, but only to the extent authorized under	2863
sections 4927.01 to 4927.17 of the Revised Code, the rate,	2864
practice, or service thereafter to be adopted and observed,	2865
including any appropriate remedy for a complaint;	2866

(2) Assess a forfeiture of not more than ten thousand dollars	2867
for each violation or failure. Each day's continuance of the	2868
violation or failure is a separate offense, and all occurrences of	2869
a violation or failure on each such day shall be deemed one	2870
violation. All forfeitures authorized under this section are	2871
cumulative, and a suit for and recovery of one does not bar the	2872
recovery of any other. Collected forfeitures shall be deposited	2873
into the state treasury to the credit of the general revenue fund.	2874
Actions to recover such forfeitures shall be prosecuted in the	2875
name of the state and shall be brought in the court of common	2876
pleas of any county in which the party complained of is located.	2877
The attorney general shall commence such actions and prosecute	2878
them when the commission directs.	2879

(D) The commission also may suspend, rescind, or	2880
conditionally rescind the certification of a telephone company	2881
under section 4927.05 of the Revised Code under either of the	2882
following circumstances:	2883

(1) The commission determines, after notice and opportunity	2884
for hearing, that the telephone company has failed to comply with	2885
any provision of section 4905.10 or 4905.14 of the Revised Code.	2886

(2) The commission determines in a proceeding under division	2887
(B) of this section that the telephone company has willfully or	2888
repeatedly failed to comply with any other applicable state or	2889
federal law.	2890

(E) The commission has no authority to order credits to any	2891
customer of a telephone company, except in response to a complaint	2892
determined in accordance with this section.	2893

(F) Upon request of the commission, the attorney general may	2894
commence and prosecute such action or proceeding in mandamus, by	2895
injunction, or by other appropriate civil remedy in the name of	2896
the state, as is directed by the commission, alleging any	2897
violation or noncompliance specified in division (A) of this	2898
section, and praying for such proper relief as the court may	2899
prescribe.	2900

Sec. 4929.02.  (A) It is the policy of this state to,	2901
throughout this state:	2902

(1) Promote the availability to consumers of adequate,	2903
reliable, and reasonably priced natural gas services and goods;	2904

(2) Promote the availability of unbundled and comparable	2905
natural gas services and goods that provide wholesale and retail	2906
consumers with the supplier, price, terms, conditions, and quality	2907
options they elect to meet their respective needs;	2908

(3) Promote diversity of natural gas supplies and suppliers,	2909
by giving consumers effective choices over the selection of those	2910
supplies and suppliers;	2911

(4) Encourage innovation and market access for cost-effective	2912
supply- and demand-side natural gas services and goods;	2913

(5) Encourage cost-effective and efficient access to	2914
information regarding the operation of the distribution systems of	2915
natural gas companies in order to promote effective customer	2916
choice of natural gas services and goods;	2917

(6) Recognize the continuing emergence of competitive natural	2918
gas markets through the development and implementation of flexible	2919
regulatory treatment;	2920

(7) Promote an expeditious transition to the provision of	2921
natural gas services and goods in a manner that achieves effective	2922
competition and transactions between willing buyers and willing	2923
sellers to reduce or eliminate the need for regulation of natural	2924
gas services and goods under Chapters 4905. and 4909. of the	2925
Revised Code;	2926

(8) Promote effective competition in the provision of natural	2927
gas services and goods by avoiding subsidies flowing to or from	2928
regulated natural gas services and goods;	2929

(9) Ensure that the risks and rewards of a natural gas	2930
company's offering of nonjurisdictional and exempt services and	2931
goods do not affect the rates, prices, terms, or conditions of	2932
nonexempt, regulated services and goods of a natural gas company	2933
and do not affect the financial capability of a natural gas	2934
company to comply with the policy of this state specified in this	2935
section;	2936

(10) Facilitate the state's competitiveness in the global	2937
economy;	2938

(11) Facilitate additional choices for the supply of natural	2939
gas for residential consumers, including aggregation;	2940

(12) Promote an alignment of natural gas company interests	2941
with consumer interest in energy efficiency and energy	2942
conservation.	2943

(B) The public utilities commission and the office of the	2944
consumers' counsel shall follow the policy specified in this	2945
section in exercising their respective authorities relative to	2946
sections 4929.03 to 4929.30 of the Revised Code.	2947

(C) Nothing in Chapter 4929. of the Revised Code shall be	2948
construed to alter the public utilities commission's construction	2949
or application of division (A)(6)(5) of section 4905.03 of the	2950
Revised Code.	2951

Sec. 4931.01. As used in sections 4931.02 to 4931.05 of the	2952
Revised Code, "telephone company" has the same meaning as in	2953
section 4927.01 of the Revised Code.	2954

Sec. 4931.02.  A telegraphtelephone company may construct,	2955
own, use, and maintain telegraphtelecommunications lines and	2956
facilities, whether described in its original articles of	2957
incorporation or not, and whether such lines or facilities are	2958
wholly within or partly beyond the limits of this state. It may	2959
join with another company or association in conducting, leasing,	2960
owning, using, or maintaining such lines or facilities, on terms	2961
agreed upon between the directors or managers of the respective	2962
companies. Such companies may own and hold any interest in such	2963
lines or facilities, or become lessees thereof on such terms as	2964
they agree upon, but no such company and the owner of rights of	2965
way shall contract for the exclusive use of such rights of way for	2966
telegraphictelecommunications purposes. A telephone company's	2967
lines and facilities shall not unreasonably interfere with the	2968
practical uses of the property on which they are located. A	2969
telephone company shall repair defective lines and facilities,	2970
which repairs shall be consistent with reasonable business	2971
practices and applicable industry standards.	2972

Sec. 4931.03.  (A) A telegraph or telephone company may do	2973
either of the following in the unincorporated area of the	2974
township:	2975

(1) Construct telegraph or telephone linestelecommunications	2976
lines or facilities upon and along any of the public roads and	2977
highways and across any waters within that area by the erection of	2978
the necessary fixtures, including posts, piers, or abutments for	2979
sustaining the cords or wires of those lines or facilities. Those	2980
The lines and facilities shall be constructed so as not to	2981
unreasonably incommode the public in the use of the roads or	2982
highways, or endanger or injuriously interrupt the navigation of	2983
the waters.	2984

(2) Construct telegraph or telephonetelecommunications lines	2985
and the fixtures necessary for containing and protecting those	2986
linesfacilities in such a manner as to protect them beneath the	2987
surface of any of the public roads and highways and beneath any	2988
waters within that area. Those lines and facilities shall be	2989
constructed so as not to incommode the public in the use of the	2990
roads or highways, or endanger or injuriously interrupt the	2991
navigation of the waters.	2992

(B)(1) This section does not authorize the construction of a	2993
bridge across any waters within the state.	2994

(2) Construction under this section is subject to section	2995
5571.16 of the Revised Code, as applicable, and any other	2996
applicable law, including, but not limited to, any law requiring	2997
approval of the legislative authority, the county engineer, or the	2998
director of transportation.	2999

Sec. 4931.04.  A telegraphtelephone company may enter upon	3000
any land held by an individual or a corporation, whether such land	3001
was acquired by purchase, appropriation, or by virtue of any	3002
provision in its charter, for the purpose of making preliminary	3003
examination and surveys, with a view to the location and	3004
construction of telegraphtelecommunications lines and facilities,	3005
and may appropriate so much of such land in accordance with	3006
sections 163.01 to 163.22, inclusive, of the Revised Code, as it	3007
deems necessary for the construction and maintenance of its	3008
telegraph poles, cables, conduits, piers, abutments, wires, and	3009
other necessary fixtures, stationsthose lines and facilities, and	3010
the right of way in, through, over, across, and under such lands	3011
and adjacent lands, sufficient to enable it to construct and	3012
repair itsthe lines and facilities.	3013

Sec. 4931.11.        Sec. 4931.05.  Any company organized at any time to	3014
transact a telegraph, telephone, or communications business may	3015
construct, reconstruct, own, use, lease, operate, maintain, and	3016
improve communications systems for the transmission of voices,	3017
sounds, writings, signs, signals, pictures, visions, images, or	3018
other forms of intelligence, as public utility services, by means	3019
of wire, cable, radio, radio relay, or other telecommunications	3020
facilities, methods, or media. Any such company has the powers and	3021
is subject to the restrictions prescribed in sections 4931.02 to	3022
4931.224931.04 of the Revised Code, for telegraph or telephone	3023
companies.	3024

Sec. 4931.35.        Sec. 4931.06.  (A) As used in this section and in	3025
sections 2317.02 and 2921.22 of the Revised Code:	3026

(1) "Communications assistant" means a person who	3027
transliterates conversation from text to voice and from voice to	3028
text between the end users of a telecommunications relay service	3029
provided pursuant to this section or Title II of the	3030
"Communications Act of 1934," 104 Stat. 366 (1990), 47 U.S.C. 225.	3031

(2) "Communicative impairment" means deafness or speech	3032
impairment.	3033

(3) "Deafness" means a hearing loss that prevents a person	3034
from being able to understand speech over the telephone.	3035

(4) "Speech impairment" means a speech impairment that	3036
renders a person's speech unintelligible on the telephone.	3037

(5) "Telecommunications relay service" means telephone	3038
transmission services that provide the ability for an individual	3039
who has a communicative impairment to engage in a communication by	3040
wire or radio with a hearing individual in a manner that is	3041
functionally equivalent to the ability of an individual who does	3042
not have a communicative impairment to communicate using voice	3043
communication services by wire or radio. "Telecommunications relay	3044
service" includes services that enable two-way communication	3045
between an individual who uses a text telephone or other nonvoice	3046
terminal device and an individual who does not use such a device.	3047

(B) Any communication made by or to a person with a	3048
communicative impairment with the assistance of a communications	3049
assistant at a telecommunications relay service is confidential	3050
and privileged and shall not be disclosed by the communications	3051
assistant in any civil case or proceeding or in any legislative or	3052
administrative proceeding, unless the person making the	3053
communication and the person to whom the communication is made	3054
each waive the privilege of confidentiality or the obligation to	3055
divulge the communication is mandated by federal law or regulation	3056
or pursuant to subpoena in a criminal proceeding.	3057

(C) A communications assistant or a telecommunications relay	3058
service provider is not subject to criminal prosecution and is not	3059
liable in damages in any civil action on account of the act of	3060
transliterating or the content of any communication	3061
transliterated, or any injury, death, or loss to person or	3062
property allegedly arising from the act of transliterating or the	3063
content of any communication transliterated, between the end users	3064
of a telecommunications relay service, except in cases of willful	3065
or wanton misconduct.	3066

Sec. 4931.99.  (A) Whoever violates division (D) of section	3067
4931.49 of the Revised Code is guilty of a misdemeanor of the	3068
fourth degree.	3069

(B) Whoever violates section 4931.25, 4931.26, 4931.27,	3070
4931.30, or 4931.31 of the Revised Code is guilty of a misdemeanor	3071
of the third degree.	3072

(C) Whoever violates section 4931.28 of the Revised Code is	3073
guilty of a felony of the fourth degree.	3074

(D) Whoever violates section 4931.29 or division (B) of	3075
section 4931.354931.06 of the Revised Code is guilty of a	3076
misdemeanor in the first degree.	3077

(E)(C) Whoever violates division (E) or (F) of section	3078
4931.49 or division (B)(2) of section 4931.66 of the Revised Code	3079
is guilty of a misdemeanor of the fourth degree on a first offense	3080
and a felony of the fifth degree on each subsequent offense.	3081

(F)(D) Whoever violates section 4931.75 of the Revised Code	3082
is guilty of a minor misdemeanor for a first offense and a	3083
misdemeanor of the first degree on each subsequent offense.	3084

Sec. 4933.14.  (A) and exceptExcept as otherwise provided in	3085
division (B) of this section Sections,sections 4931.02 to 4931.22	3086
4931.04 and 4933.13 to 4933.16 of the Revised Code apply to a	3087
company organized for supplying public and private buildings,	3088
manufacturing establishments, streets, alleys, lanes, lands,	3089
squares, and public places with electric light and power, and to	3090
an automatic package carrier. Every and exceptExcept as otherwise	3091
provided in division (B) of this section,every such company has	3092
the powers and is subject to the restrictions prescribed for a	3093
telegraphtelephone company by sections 4931.02 to 4931.224931.04	3094
of the Revised Code.	3095

(B) SectionsSection 4931.04, 4931.06, 4931.07, 4931.12, and	3096
4931.13 of the Revised Code applyapplies to a company organized	3097
for supplying electricity only if the company transmits or	3098
distributes electricity, and every such company has the powers and	3099
is subject to the restrictions prescribed for a telegraph	3100
telephone company by those sections except for the purpose of	3101
erecting, operating, or maintaining an electric generating	3102
station.	3103

Sec. 4933.18.  (A) In a prosecution for a theft offense, as	3104
defined in section 2913.01 of the Revised Code, that involves	3105
alleged tampering with a gas, electric, steam, or water meter,	3106
conduit, or attachment of a utility that has been disconnected by	3107
the utility, proof that a meter, conduit, or attachment of a	3108
utility has been tampered with is prima-facie evidence that the	3109
person who is obligated to pay for the service rendered through	3110
the meter, conduit, or attachment and is in possession or control	3111
of the meter, conduit, or attachment at the time the tampering	3112
occurred has caused the tampering with intent to commit a theft	3113
offense.	3114

In a prosecution for a theft offense, as defined in section	3115
2913.01 of the Revised Code, that involves the alleged	3116
reconnection of a gas, electric, steam, or water meter, conduit,	3117
or attachment of a utility that has been disconnected by the	3118
utility, proof that a meter, conduit, or attachment disconnected	3119
by a utility has been reconnected without the consent of the	3120
utility is prima-facie evidence that the person in possession or	3121
control of the meter, conduit, or attachment at the time of the	3122
reconnection has reconnected the meter, conduit, or attachment	3123
with intent to commit a theft offense.	3124

(B) As used in this section:

3125

(1) "Utility" means any electric light company, gas company,	3126
natural gas company, pipe-line company, water-works company, or	3127
heating or cooling company, as defined by division (A)(3), (4),	3128
(5), (6), (7), or (8), or (9) of section 4905.03 of the Revised	3129
Code, its lessees, trustees, or receivers, or any similar utility	3130
owned or operated by a political subdivision.	3131

(2) "Tamper" means to interfere with, damage, or by-pass a	3132
utility meter, conduit, or attachment with the intent to impede	3133
the correct registration of a meter or the proper functions of a	3134
conduit or attachment so as to reduce the amount of utility	3135
service that is registered on the meter.	3136

Sec. 4933.19.  Each electric light company, gas company,	3137
natural gas company, pipe-line company, water-works company, or	3138
heating or cooling company, as defined by division (A)(3), (4),	3139
(5), (6), (7), or (8), or (9) of section 4905.03 of the Revised	3140
Code, or its lessees, trustees, or receivers, and each similar	3141
utility owned or operated by a political subdivision shall notify	3142
its customers, on an annual basis, that tampering with or	3143
bypassing a meter constitutes a theft offense that could result in	3144
the imposition of criminal sanctions.	3145

Sec. 4939.01. As used in sections 4939.01 to 4939.08 of the	3146
Revised Code:	3147

(A) "Cable operator," "cable service," and "franchise" have	3148
the same meanings as in the "Cable Communications Policy Act of	3149
1984," 98 Stat. 2779, 47 U.S.C.A. 522.	3150

(B) "Occupy or use" means, with respect to a public way, to	3151
place a tangible thing in a public way for any purpose, including,	3152
but not limited to, constructing, repairing, positioning,	3153
maintaining, or operating lines, poles, pipes, conduits, ducts,	3154
equipment, or other structures, appurtenances, or facilities	3155
necessary for the delivery of public utility services or any	3156
services provided by a cable operator.	3157

(C) "Person" means any natural person, corporation, or	3158
partnership and also includes any governmental entity.	3159

(D) "Public utility" means any company described in section	3160
4905.03 of the Revised Code except in divisions (A)(3)(2) and	3161
(10)(9) of that section, which company also is a public utility as	3162
defined in section 4905.02 of the Revised Code; and includes any	3163
electric supplier as defined in section 4933.81 of the Revised	3164
Code.	3165

(E) "Public way" means the surface of, and the space within,	3166
through, on, across, above, or below, any public street, public	3167
road, public highway, public freeway, public lane, public path,	3168
public alley, public court, public sidewalk, public boulevard,	3169
public parkway, public drive, and any other land dedicated or	3170
otherwise designated for a compatible public use, which, on or	3171
after the effective date of this section, is owned or controlled	3172
by a municipal corporation. "Public way" excludes a private	3173
easement.	3174

(F) "Public way fee" means a fee levied to recover the costs	3175
incurred by a municipal corporation and associated with the	3176
occupancy or use of a public way.	3177

Sec. 5515.01.  The director of transportation may upon formal	3178
application being made to the director, grant a permit to any	3179
individual, firm, or corporation to use or occupy such portion of	3180
a road or highway on the state highway system as will not	3181
incommode the traveling public. Such permits, when granted, shall	3182
be upon the following conditions:	3183

(A) The director may issue a permit to any individual, firm,	3184
or corporation for any use of a road or highway on the state	3185
highway system that is consistent with applicable federal law or	3186
federal regulations.	3187

(B) Such location shall be changed as prescribed by the	3188
director when the director deems such change necessary for the	3189
convenience of the traveling public, or in connection with or	3190
contemplation of the construction, reconstruction, improvement,	3191
relocating, maintenance, or repair of such road or highway.	3192

(C) The placing of objects or things shall be at a grade and	3193
in accordance with such plans, specifications, or both, as shall	3194
be first approved by the director.	3195

(D) The road or highway in all respects shall be fully	3196
restored to its former condition of usefulness and at the expense	3197
of such individual, firm, or corporation.	3198

(E) Such individual, firm, or corporation shall maintain all	3199
objects and things in a proper manner, promptly repair all damages	3200
resulting to such road or highway on account thereof, and in event	3201
of failure to so repair such road or highway to pay to the state	3202
all costs and expenses whichthat may be expended by the director	3203
in repairing any damage.	3204

(F) Such other conditions as may seem reasonable to the	3205
director, but no condition shall be prescribed whichthat imposes	3206
the payment of a money consideration for the privilege granted.	3207
Nothing in this division prohibits the director from requiring	3208
payment of money consideration for a lease, easement, license, or	3209
other interest in a transportation facility under control of the	3210
department of transportation.	3211

(G) Permits may be revoked by the director at any time for a	3212
noncompliance with the conditions imposed.	3213

(H) As a condition precedent to the issuance of any permit	3214
for telecommunications facilities or carbon capture and storage	3215
pipelines, the director shall require the applicant to provide	3216
proof it is party to a lease, easement, or license for the	3217
construction, placement, or operation of such facility or pipeline	3218
in or on a transportation facility.	3219

Except as otherwise provided in this section and section	3220
5501.311 of the Revised Code, Chapters 5501., 5503., 5511., 5513.,	3221
5515., 5516., 5517., 5519., 5521., 5523., 5525., 5527., 5528.,	3222
5529., 5531., 5533., and 5535. of the Revised Code do not prohibit	3223
telegraph, telephone, and electric light and power companies from	3224
constructing, maintaining, and using telegraph, telephone, or	3225
electric light and power lines along and upon such roads or	3226
highways under sections 4931.19,section 4933.14, or other	3227
sections of the Revised Code, or to affect existing rights of any	3228
such companies, or to require such companies to obtain a permit	3229
from the director, except with respect to the location of poles,	3230
wires, conduits, and other equipment comprising lines on or	3231
beneath the surface of such road or highways.	3232

This section does not prohibit steam or electric railroad	3233
companies from constructing tracks across such roads or highways,	3234
nor authorize the director to grant permission to any company	3235
owning, operating, controlling, or managing a steam railroad or	3236
interurban railway in this state to build a new line of railroad,	3237
or to change or alter the location of existing tracks across any	3238
road or highway on the state highway system at grade. No such	3239
company shall change the elevation of any of its tracks across	3240
such road or highway except in accordance with plans and	3241
specifications first approved by the director.	3242

This section does not relieve any individual, firm, or	3243
corporation from the obligation of satisfying any claim or demand	3244
of an owner of lands abutting on such road or highway on the state	3245
highway system on account of placing in such road or highway a	3246
burden in addition to public travel.	3247

Sec. 5733.57.  (A) As used in this section:

3248

(1) "Small telephone company" means a telephone company,	3249
existing as such as of January 1, 2003, with twenty-five thousand	3250
or fewer access lines as shown on the company's annual report	3251
filed under section 4905.14 of the Revised Code for the calendar	3252
year immediately preceding the tax year, and is an "incumbent	3253
local exchange carrier" under 47 U.S.C. 251(h).	3254

(2) "Gross receipts tax amount" means the product obtained by	3255
multiplying four and three-fourths per cent by the amount of a	3256
small telephone company's taxable gross receipts, excluding the	3257
deduction of twenty-five thousand dollars, that the tax	3258
commissioner would have determined under section 5727.33 of the	3259
Revised Code for that small telephone company for the annual	3260
period ending on the thirtieth day of June of the calendar year	3261
immediately preceding the tax year, as that section applied in the	3262
measurement period from July 1, 2002, to June 30, 2003.	3263

(3) "Applicable percentage" means one hundred per cent for	3264
tax year 2005; eighty per cent for tax year 2006; sixty per cent	3265
for tax year 2007; forty per cent for tax year 2008; twenty per	3266
cent for tax year 2009; and zero per cent for each subsequent tax	3267
year thereafter.	3268

(4) "Applicable amount" means the amount resulting from	3269
subtracting the gross receipts tax amount from the tax imposed by	3270
sections 5733.06, 5733.065, and 5733.066 of the Revised Code for	3271
the tax year, without regard to any credits available to the small	3272
telephone company.	3273

(B)(1) Except as provided in division (B)(2) of this section,	3274
beginning in tax year 2005, a small telephone company is hereby	3275
allowed a nonrefundable credit against the tax imposed by sections	3276
5733.06, 5733.065, and 5733.066 of the Revised Code, equal to the	3277
product obtained by multiplying the applicable percentage by the	3278
applicable amount. The credit shall be claimed in the order	3279
required by section 5733.98 of the Revised Code.	3280

(2) If the applicable amount for a tax year is less than	3281
zero, a small telephone company shall not be allowed for that tax	3282
year the credit provided under this section.	3283

Sec. 6101.17.  The board of directors of a conservancy	3284
district, when it is necessary for the purposes of this chapter,	3285
shall have a dominant right of eminent domain over the right of	3286
eminent domain of railroad, telegraph, telephone, gas, water	3287
power, and other companies and corporations, and over townships,	3288
counties, and municipal corporations.	3289

In the exercise of this right, due care shall be taken to do	3290
no unnecessary damage to other public utilities, and, in case of	3291
failure to agree upon the mode and terms of interference, not to	3292
interfere with their operation or usefulness beyond the actual	3293
necessities of the case, due regard being paid to the other public	3294
interests involved.	3295

Sec. 6115.21.  The board of directors of a sanitary district,	3296
when it is necessary for the purposes of sections 6115.01 to	3297
6115.79, inclusive, of the Revised Code, shall have a dominant	3298
right of eminent domain over the right of eminent domain of	3299
railroad, telegraph, telephone, gas, water power, and other	3300
companies and corporations, and over townships, counties, and	3301
municipal corporations.	3302

In the exercise of this right due care shall be taken to do	3303
no unnecessary damage to other public utilities, and, in case of	3304
failure to agree upon the mode and terms of interference, not to	3305
interfere with their operation or usefulness beyond the actual	3306
necessities of the case, due regard being paid to the other public	3307
interests involved.	3308

Section 2. That existing sections 324.01, 324.03, 1332.24,	3309
2317.02, 2917.21, 4901.01, 4901.02, 4901.11, 4901.12, 4901.15,	3310
4901.22, 4903.01, 4903.20, 4903.22, 4903.23, 4905.01, 4905.02,	3311
4905.03, 4905.04, 4905.09, 4905.12, 4905.14, 4905.16, 4905.18,	3312
4905.20, 4905.21, 4905.26, 4905.30, 4905.40, 4905.402, 4905.41,	3313
4905.42, 4905.45, 4905.46, 4905.47, 4905.51, 4905.52, 4905.58,	3314
4905.59, 4905.61, 4905.63, 4905.71, 4905.73, 4905.84, 4905.99,	3315
4907.01, 4907.14, 4907.30, 4909.01, 4909.02, 4909.03, 4909.17,	3316
4911.01, 4921.01, 4923.01, 4927.01, 4927.02, 4929.02, 4931.02,	3317
4931.03, 4931.04, 4931.11, 4931.35, 4931.99, 4933.14, 4933.18,	3318
4933.19, 4939.01, 5515.01, 5733.57, 6101.17, and 6115.21 and	3319
sections 4905.041, 4905.23, 4905.231, 4905.24, 4905.241,	3320
4905.242, 4905.243, 4905.244, 4905.25, 4905.381, 4905.49,	3321
4905.491, 4905.50, 4927.03, 4927.04, 4931.06, 4931.07, 4931.12,	3322
4931.13, 4931.14, 4931.15, 4931.16, 4931.17, 4931.18, 4931.19,	3323
4931.21, 4931.22, 4931.25, 4931.26, 4931.27, 4931.28, 4931.29,	3324
4931.30, and 4931.31 of the Revised Code are hereby repealed.	3325

Section 3. Coincident with the adoption of initial rules as	3326
provided for in section 4927.03 of the Revised Code as enacted by	3327
this act, the Public Utilities Commission shall rescind the	3328
following rules and shall file the requisite notice of the	3329
rescissions with the Legislative Service Commission and the	3330
Secretary of State within five days: Chapters 4901:1-4, 4901:1-5,	3331
and 4901:1-6 of the Ohio Administrative Code, except for Rule No.	3332
4901:1-5-09 and related definitions in Rule No. 4901:1-5-01 and	3333
except for Rule Nos. 4901:1-6-18 and 4901:1-6-24 and related	3334
definitions in Rule No. 4901:1-6-01. Rescission of these rules	3335
shall take effect as provided by law and, notwithstanding any	3336
other provision of the Revised Code, is not subject to legislative	3337
review or invalidation. The Public Utilities Commission shall not	3338
enforce on or after the effective date of this act against any	3339
telephone company as defined in section 4905.03 of the Revised	3340
Code as amended by this act any provision of any of the rules	3341
specified in this section, except for Rule No. 4901:1-5-09 and	3342
related definitions in Rule No. 4901:1-5-01 and Rule Nos.	3343
4901:1-6-18 and 4901:1-6-24 and related definitions in Rule No.	3344
4901:1-6-01.	3345

Section 4. Any complaint filed pursuant to section 4905.26 of	3346
the Revised Code and pending on the effective date of Sections 1	3347
and 2 of this act shall be determined by the Public Utilities	3348
Commission pursuant to the Revised Code as it existed immediately	3349
preceding that effective date.	3350

Section 5.  Section 2917.21 of the Revised Code is presented	3351
in this act as a composite of the section as amended by both H.B.	3352
565 and S.B. 215 of the 122nd General Assembly. Section 4933.14 of	3353
the Revised Code is presented in this act as a composite of the	3354
section as amended by both H.B. 283 and S.B. 3 of the 123rd	3355
General Assembly. The General Assembly, applying the principle	3356
stated in division (B) of section 1.52 of the Revised Code that	3357
amendments are to be harmonized if reasonably capable of	3358
simultaneous operation, finds that the composite is the resulting	3359
version of the section in effect prior to the effective date of	3360
the section as presented in this act.	3361