As Passed by the Senate

128th General Assembly Regular Session 2009-2010

Am. Sub. S. B. No. 162

Senator Buehrer 

Cosponsors: Senators Gibbs, Gillmor, Grendell, Patton, Seitz, Stewart, Wagoner, Harris, Jones, Kearney, Strahorn, Wilson, Widener, Turner, Schiavoni, Miller, R., Hughes 

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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, 4901.15,

2

4901.22, 4903.01, 4903.20, 4903.22, 4903.23,

3

4905.01, 4905.02, 4905.03, 4905.04, 4905.09,

4

4905.12, 4905.14, 4905.16, 4905.18, 4905.20,

5

4905.21, 4905.26, 4905.30, 4905.40, 4905.402,

6

4905.41, 4905.42, 4905.45, 4905.46, 4905.47,

7

4905.51, 4905.52, 4905.58, 4905.59, 4905.61,

8

4905.63, 4905.71, 4905.73, 4905.84, 4905.90,

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 of

16

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, 4927.19, and 4931.01, and to repeal

22

sections 4905.041, 4905.23, 4905.231, 4905.24,

23

4905.241, 4905.242, 4905.243, 4905.244, 4905.25,

24

4905.381, 4905.49, 4905.491, 4905.50, 4927.03,

25

4927.04, 4931.06, 4931.07, 4931.12, 4931.13,

26

4931.14, 4931.15, 4931.16, 4931.17, 4931.18,

27

4931.19, 4931.21, 4931.22, 4931.25, 4931.26,

28

4931.27, 4931.28, 4931.29, 4931.30, and 4931.31 of

29

the Revised Code to revise state regulation of

30

telephone companies and remove telegraph companies

31

from utility regulation and to create the Select

32

Committee on Telecommunications Regulatory Reform.

33

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

Section 1. That sections 324.01, 324.03, 1332.24, 2317.02,	34
2917.21, 4901.01, 4901.02, 4901.11, 4901.15, 4901.22, 4903.01,	35
4903.20, 4903.22, 4903.23, 4905.01, 4905.02, 4905.03, 4905.04,	36
4905.09, 4905.12, 4905.14, 4905.16, 4905.18, 4905.20, 4905.21,	37
4905.26, 4905.30, 4905.40, 4905.402, 4905.41, 4905.42, 4905.45,	38
4905.46, 4905.47, 4905.51, 4905.52, 4905.58, 4905.59, 4905.61,	39
4905.63, 4905.71, 4905.73, 4905.84, 4905.90, 4905.99, 4907.01,	40
4907.14, 4907.30, 4909.01, 4909.02, 4909.03, 4909.17, 4911.01,	41
4921.01, 4923.01, 4927.01, 4927.02, 4929.02, 4931.02, 4931.03,	42
4931.04, 4931.11, 4931.99, 4933.14, 4933.18, 4933.19, 4939.01,	43
5515.01, 5733.57, 6101.17, and 6115.21 be amended, that sections	44
4931.11 (4931.05) and 4931.35 (4931.06) be amended for the purpose	45
of adopting new section numbers as shown in parentheses, and that	46
new sections 4927.03 and 4927.04 and sections 4927.05, 4927.06,	47
4927.07, 4927.08, 4927.09, 4927.10, 4927.11, 4927.12, 4927.13,	48
4927.14, 4927.15, 4927.16, 4927.17, 4927.18, 4927.19, and 4931.01	49
of the Revised Code be enacted to read as follows:	50

Sec. 324.01.  As used in sections 324.01 to 324.12 of the	51
Revised Code:	52

(A) "Utility" means:

53

(1) An electric company, gas company, heating company,	54
cooling company, telephone company, telegraph company, or	55
communications company supplying a utility service;	56

(2) Any municipal corporation, county, or other political	57
subdivision, instrumentality, or agency of the state supplying a	58
utility service;	59

(3) Any individual, firm, partnership, association, trust,	60
joint-stock company, joint venture, corporation, nonprofit	61
corporation, cooperative, receiver, assignee, trustee in	62
bankruptcy, estate, trustee, or organization of any kind which	63
owns or operates any office building, storeroom building, shopping	64
center, apartment building, apartment hotel, condominium, or other	65
multiple business or dwelling unit, and which sells, furnishes, or	66
delivers a utility service to the tenants or occupants thereof,	67
provided the charge for such utility service is separately stated.	68

(B) Any individual, firm, partnership, association, trust,	69
joint-stock company, joint venture, corporation, municipal	70
corporation, county, or other political subdivision,	71
instrumentality, or agency of the state, nonprofit corporation,	72
cooperative, receiver, assignee, trustee in bankruptcy, estate,	73
trustee, or organization of any kind:	74

(1) Is an electric company when supplying electricity for	75
light, heat, cooling, or power purposes to customers within a	76
county levying a utilities service tax;	77

(2) Is a gas company when supplying artificial gas or natural	78
gas for light, heat, cooling, or power purposes to customers	79
within a county levying a utilities service tax;	80

(3) Is a heating company when supplying water, steam, or air	81
through pipes or tubing for heating purposes to customers within a	82
county levying a utilities service tax;	83

(4) Is a cooling company when supplying water, steam, or air	84
through pipes or tubing for cooling purposes to customers within a	85
county levying a utilities service tax;	86

(5) Is a telephone company when transmitting telephonic	87
messages to, from, or within a county levying a utilities service	88
tax;	89

(6) Is a telegraph company when transmitting telegraphic	90
messages to, from, or within a county levying a utilities service	91
tax;	92

(7) Is a communications company when supplying the services	93
described in section 4931.114931.05 of the Revised Code, other	94
than transmitting telephonic or telegraphic messages, to, from, or	95
within a county levying a utilities service tax.	96

(C) "Utility service" means the supplying of water, steam, or	97
air through pipes or tubing for heating or cooling purposes to	98
customers within the county, the supplying of electricity,	99
artificial gas, or natural gas to customers within the county, and	100
the transmission of telephonic or telegraphic messages or the	101
supplying of any of the services described in section 4931.11	102
4931.05 of the Revised Code when the transmission or supplying	103
originates from and is charged to or is received by and charged to	104
a customer within the county.	105

(D) "Charge for utility service" means the amount charged to	106
the customer for a utility service without deduction for any	107
discount for early payment but after deducting the amount of any	108
federal excise tax on such utility service, and excluding the	109
amount paid for the purchase of appliances or other merchandise,	110
and the amount paid for the installation of pipes, meters, poles,	111
apparatus, instruments, switchboards, and other facilities by the	112
utility for the purpose of rendering utility service to the	113
customer if the charge therefor is separately stated by the	114
utility in its bill to the customer and is not included in the	115
basic rates charged to customers of the utility.	116

(E) "Customer" means any individual, firm, partnership,	117
association, trust, joint-stock company, joint venture,	118
corporation, nonprofit corporation, cooperative, receiver,	119
assignee, trustee in bankruptcy, estate, trustee, or organization	120
of any kind receiving utility service from a utility, but does not	121
include the United States, the state, any political subdivision of	122
the state, or any agency or instrumentality of any of them.	123

(F) "Business" has the same meaning as in division (E) of	124
section 5701.08 of the Revised Code.	125

Sec. 324.03.  The utilities service tax shall not apply to	126
the following:	127

(A) The first five dollars per month of any charge for	128
utility service for each utility service rendered by a utility to	129
a customer;	130

(B) The supplying of a utility service to a customer for	131
resale; provided, that this division shall not include the	132
supplying of a utility service to a utility as defined in division	133
(A)(3) of section 324.01 of the Revised Code if the utility	134
receiving the service when supplying the service to its customers	135
does not separately state the charge therefor;	136

(C) The supplying of a utility service through a	137
coin-operated device;	138

(D) Telephone service, telegraph service, and services	139
described in section 4931.114931.05 of the Revised Code, to or	140
from a point outside the state for which a separate charge is	141
made;	142

(E) The supplying of a utility service not within the taxing	143
power of the county under the constitution of the United States or	144
the constitution of this state;	145

(F) The supplying of a utility service to a person engaged in	146
business, for use or consumption in the production of tangible	147
personal property.	148

For the purpose of the proper administration of the utilities	149
service tax and to prevent the evasion of the tax, it is presumed	150
that any supplying of utility service is subject to the tax until	151
the contrary is shown.	152

Sec. 1332.24. (A)(1) In accordance with section 1332.25 of	153
the Revised Code, the director of commerce may issue to any	154
person, or renew, a video service authorization, which	155
authorization confers on the person the authority, subject to	156
sections 1332.21 to 1332.34 of the Revised Code, to provide video	157
service in its video service area; construct and operate a video	158
service network in, along, across, or on public rights-of-way for	159
the provision of video service; and, when necessary to provide	160
that service, exercise the power of a telegraphtelephone company	161
under section 4931.04 of the Revised Code. The term of a video	162
service authorization or authorization renewal shall be ten years.	163

(2) For the purposes of the "Cable Communications Policy Act	164
of 1984," Pub. L. No. 98-549, 98 Stat. 2779, 47 U.S.C. 521 et	165
seq., a video service authorization shall constitute a franchise	166
under that law, and the director shall be the sole franchising	167
authority under that law for video service authorizations in this	168
state.	169

(3) The director may impose upon and collect an annual	170
assessment on video service providers. All money collected under	171
division (A)(3) of this section shall be deposited to the credit	172
of the division of administration fund created under section	173
121.08 of the Revised Code. The total amount assessed in a fiscal	174
year shall not exceed the lesser of four hundred fifty thousand	175
dollars or, as shall be determined annually by the director, the	176
department's actual, current fiscal year administrative costs in	177
carrying out its duties under sections 1332.21 to 1332.34 of the	178
Revised Code. The director shall allocate that total amount	179
proportionately among the video service providers to be assessed,	180
using a formula based on subscriber counts as of the thirty-first	181
day of December of the preceding calendar year, which counts shall	182
be submitted to the director not later than the thirty-first day	183
of January of each year, via a notarized statement signed by an	184
authorized officer. Any information submitted by a video service	185
provider to the director for the purpose of determining subscriber	186
counts shall be considered trade secret information, shall not be	187
disclosed except by court order, and shall not constitute a public	188
record under section 149.43 of the Revised Code. On or about the	189
first day of June of each year, the director shall send to each	190
video service provider to be assessed written notice of its	191
proportional amount of the total assessment. The provider shall	192
pay that amount on a quarterly basis not later than forty-five	193
days after the end of each calendar quarter. After the initial	194
assessment, the director annually shall reconcile the amount	195
collected with the total, current amount assessed pursuant to this	196
section, and either shall charge each assessed video service	197
provider its respective proportion of any insufficiency or	198
proportionately credit the provider's next assessment for any	199
excess collected.	200

(B)(1) The director may investigate alleged violations of or	201
failures to comply with division (A) of section 1332.23, division	202
(A) of this section, division (C) of section 1332.25, division (C)	203
or (D) of section 1332.26, division (A), (B), or (C) of section	204
1332.27, division (A) of section 1332.28, division (A) or (B) of	205
section 1332.29, or section 1332.30 or 1332.31 of the Revised	206
Code, or complaints concerning any such violation or failure.	207
Except as provided in this section, the director has no authority	208
to regulate video service in this state, including, but not	209
limited to, the rates, terms, or conditions of that service.	210

(2) In conducting an investigation under division (B)(1) of	211
this section, the director, by subpoena, may compel witnesses to	212
testify in relation to any matter over which the director has	213
jurisdiction and may require the production of any book, record,	214
or other document pertaining to that matter. If a person fails to	215
file any statement or report, obey any subpoena, give testimony,	216
produce any book, record, or other document as required by a	217
subpoena, or permit photocopying of any book, record, or other	218
document subpoenaed, the court of common pleas of any county in	219
this state, upon application made to it by the director, shall	220
compel obedience by attachment proceedings for contempt, as in the	221
case of disobedience of the requirements of a subpoena issued from	222
the court or a refusal to testify.	223

(C)(1) If the director finds that a person has violated or	224
failed to comply with division (A) of section 1332.23, division	225
(A) of this section, division (C) of section 1332.25, division (C)	226
or (D) of section 1332.26, division (A), (B), or (C) of section	227
1332.27, division (A) of section 1332.28, division (A) or (B) of	228
section 1332.29, or section 1332.30 or 1332.31 of the Revised	229
Code, and the person has failed to cure the violation or failure	230
after reasonable, written notice and reasonable time to cure, the	231
director may do any of the following:	232

(a) Apply to the court of common pleas of any county in this	233
state for an order enjoining the activity or requiring compliance.	234
Such an action shall be commenced not later than three years after	235
the date the alleged violation or failure occurred or was	236
reasonably discovered. Upon a showing by the director that the	237
person has engaged in a violation or failure to comply, the court	238
shall grant an injunction, restraining order, or other appropriate	239
relief.	240

(b) Enter into a written assurance of voluntary compliance	241
with the person;	242

(c) Pursuant to an adjudication under Chapter 119. of the	243
Revised Code, assess a civil penalty in an amount determined by	244
the director, including for any failure to comply with an	245
assurance of voluntary compliance under division (C)(1)(b) of this	246
section. The amount shall be not more than one thousand dollars	247
for each day of violation or noncompliance, not to exceed a total	248
of ten thousand dollars, counting all subscriber impacts as a	249
single violation or act of noncompliance. In determining whether a	250
civil penalty is appropriate under division (C)(1)(c) of this	251
section, the director shall consider all of the following factors:	252

(i) The seriousness of the noncompliance;

253

(ii) The good faith efforts of the person to comply;

254

(iii) The person's history of noncompliance;

255

(iv) The financial resources of the person;

256

(v) Any other matter that justice requires.

257

Civil penalties collected pursuant to division (C)(1)(c) of	258
this section shall be deposited to the credit of the video service	259
enforcement fund in the state treasury, which is hereby created,	260
to be used by the department of commerce in carrying out its	261
duties under this section.	262

(2) Pursuant to an adjudication under Chapter 119. of the	263
Revised Code, the director may revoke, in whole or in part, the	264
video service authorization of any person that has repeatedly and	265
knowingly violated or failed to comply with division (A) of	266
section 1332.23, division (A) of this section, division (C) of	267
section 1332.25, division (C) or (D) of section 1332.26, division	268
(A), (B), or (C) of section 1332.27, division (A) of section	269
1332.28, division (A) or (B) of section 1332.29, or section	270
1332.30 or 1332.31 of the Revised Code and that has failed to cure	271
the violations or noncompliances after reasonable written notice	272
and reasonable time to cure. Such person acts knowingly,	273
regardless of the person's purpose, when the person is aware that	274
the person's conduct will probably cause a certain result or will	275
probably be of a certain nature. A person has knowledge of	276
circumstances when the person is aware that such circumstances	277
probably exist.	278

(3) The court shall conduct a de novo review in any appeal	279
from an adjudication under division (C)(1)(c) or (C)(2) of this	280
section.	281

(D) The public utilities commission has no authority over a	282
video service provider in its offering of video service or a cable	283
operator in its offering of cable or video service, or over any	284
person in its offering of video service pursuant to a competitive	285
video service agreement.	286

Sec. 2317.02.  The following persons shall not testify in	287
certain respects:	288

(A)(1) An attorney, concerning a communication made to the	289
attorney by a client in that relation or the attorney's advice to	290
a client, except that the attorney may testify by express consent	291
of the client or, if the client is deceased, by the express	292
consent of the surviving spouse or the executor or administrator	293
of the estate of the deceased client. However, if the client	294
voluntarily testifies or is deemed by section 2151.421 of the	295
Revised Code to have waived any testimonial privilege under this	296
division, the attorney may be compelled to testify on the same	297
subject.	298

The testimonial privilege established under this division	299
does not apply concerning a communication between a client who has	300
since died and the deceased client's attorney if the communication	301
is relevant to a dispute between parties who claim through that	302
deceased client, regardless of whether the claims are by testate	303
or intestate succession or by inter vivos transaction, and the	304
dispute addresses the competency of the deceased client when the	305
deceased client executed a document that is the basis of the	306
dispute or whether the deceased client was a victim of fraud,	307
undue influence, or duress when the deceased client executed a	308
document that is the basis of the dispute.	309

(2) An attorney, concerning a communication made to the	310
attorney by a client in that relationship or the attorney's advice	311
to a client, except that if the client is an insurance company,	312
the attorney may be compelled to testify, subject to an in camera	313
inspection by a court, about communications made by the client to	314
the attorney or by the attorney to the client that are related to	315
the attorney's aiding or furthering an ongoing or future	316
commission of bad faith by the client, if the party seeking	317
disclosure of the communications has made a prima facie showing of	318
bad faith, fraud, or criminal misconduct by the client.	319

(B)(1) A physician or a dentist concerning a communication	320
made to the physician or dentist by a patient in that relation or	321
the physician's or dentist's advice to a patient, except as	322
otherwise provided in this division, division (B)(2), and division	323
(B)(3) of this section, and except that, if the patient is deemed	324
by section 2151.421 of the Revised Code to have waived any	325
testimonial privilege under this division, the physician may be	326
compelled to testify on the same subject.	327

The testimonial privilege established under this division	328
does not apply, and a physician or dentist may testify or may be	329
compelled to testify, in any of the following circumstances:	330

(a) In any civil action, in accordance with the discovery	331
provisions of the Rules of Civil Procedure in connection with a	332
civil action, or in connection with a claim under Chapter 4123. of	333
the Revised Code, under any of the following circumstances:	334

(i) If the patient or the guardian or other legal	335
representative of the patient gives express consent;	336

(ii) If the patient is deceased, the spouse of the patient or	337
the executor or administrator of the patient's estate gives	338
express consent;	339

(iii) If a medical claim, dental claim, chiropractic claim,	340
or optometric claim, as defined in section 2305.113 of the Revised	341
Code, an action for wrongful death, any other type of civil	342
action, or a claim under Chapter 4123. of the Revised Code is	343
filed by the patient, the personal representative of the estate of	344
the patient if deceased, or the patient's guardian or other legal	345
representative.	346

(b) In any civil action concerning court-ordered treatment or	347
services received by a patient, if the court-ordered treatment or	348
services were ordered as part of a case plan journalized under	349
section 2151.412 of the Revised Code or the court-ordered	350
treatment or services are necessary or relevant to dependency,	351
neglect, or abuse or temporary or permanent custody proceedings	352
under Chapter 2151. of the Revised Code.	353

(c) In any criminal action concerning any test or the results	354
of any test that determines the presence or concentration of	355
alcohol, a drug of abuse, a combination of them, a controlled	356
substance, or a metabolite of a controlled substance in the	357
patient's whole blood, blood serum or plasma, breath, urine, or	358
other bodily substance at any time relevant to the criminal	359
offense in question.	360

(d) In any criminal action against a physician or dentist. In	361
such an action, the testimonial privilege established under this	362
division does not prohibit the admission into evidence, in	363
accordance with the Rules of Evidence, of a patient's medical or	364
dental records or other communications between a patient and the	365
physician or dentist that are related to the action and obtained	366
by subpoena, search warrant, or other lawful means. A court that	367
permits or compels a physician or dentist to testify in such an	368
action or permits the introduction into evidence of patient	369
records or other communications in such an action shall require	370
that appropriate measures be taken to ensure that the	371
confidentiality of any patient named or otherwise identified in	372
the records is maintained. Measures to ensure confidentiality that	373
may be taken by the court include sealing its records or deleting	374
specific information from its records.	375

(e)(i) If the communication was between a patient who has	376
since died and the deceased patient's physician or dentist, the	377
communication is relevant to a dispute between parties who claim	378
through that deceased patient, regardless of whether the claims	379
are by testate or intestate succession or by inter vivos	380
transaction, and the dispute addresses the competency of the	381
deceased patient when the deceased patient executed a document	382
that is the basis of the dispute or whether the deceased patient	383
was a victim of fraud, undue influence, or duress when the	384
deceased patient executed a document that is the basis of the	385
dispute.	386

(ii) If neither the spouse of a patient nor the executor or	387
administrator of that patient's estate gives consent under	388
division (B)(1)(a)(ii) of this section, testimony or the	389
disclosure of the patient's medical records by a physician,	390
dentist, or other health care provider under division (B)(1)(e)(i)	391
of this section is a permitted use or disclosure of protected	392
health information, as defined in 45 C.F.R. 160.103, and an	393
authorization or opportunity to be heard shall not be required.	394

(iii) Division (B)(1)(e)(i) of this section does not require	395
a mental health professional to disclose psychotherapy notes, as	396
defined in 45 C.F.R. 164.501.	397

(iv) An interested person who objects to testimony or	398
disclosure under division (B)(1)(e)(i) of this section may seek a	399
protective order pursuant to Civil Rule 26.	400

(v) A person to whom protected health information is	401
disclosed under division (B)(1)(e)(i) of this section shall not	402
use or disclose the protected health information for any purpose	403
other than the litigation or proceeding for which the information	404
was requested and shall return the protected health information to	405
the covered entity or destroy the protected health information,	406
including all copies made, at the conclusion of the litigation or	407
proceeding.	408

(2)(a) If any law enforcement officer submits a written	409
statement to a health care provider that states that an official	410
criminal investigation has begun regarding a specified person or	411
that a criminal action or proceeding has been commenced against a	412
specified person, that requests the provider to supply to the	413
officer copies of any records the provider possesses that pertain	414
to any test or the results of any test administered to the	415
specified person to determine the presence or concentration of	416
alcohol, a drug of abuse, a combination of them, a controlled	417
substance, or a metabolite of a controlled substance in the	418
person's whole blood, blood serum or plasma, breath, or urine at	419
any time relevant to the criminal offense in question, and that	420
conforms to section 2317.022 of the Revised Code, the provider,	421
except to the extent specifically prohibited by any law of this	422
state or of the United States, shall supply to the officer a copy	423
of any of the requested records the provider possesses. If the	424
health care provider does not possess any of the requested	425
records, the provider shall give the officer a written statement	426
that indicates that the provider does not possess any of the	427
requested records.	428

(b) If a health care provider possesses any records of the	429
type described in division (B)(2)(a) of this section regarding the	430
person in question at any time relevant to the criminal offense in	431
question, in lieu of personally testifying as to the results of	432
the test in question, the custodian of the records may submit a	433
certified copy of the records, and, upon its submission, the	434
certified copy is qualified as authentic evidence and may be	435
admitted as evidence in accordance with the Rules of Evidence.	436
Division (A) of section 2317.422 of the Revised Code does not	437
apply to any certified copy of records submitted in accordance	438
with this division. Nothing in this division shall be construed to	439
limit the right of any party to call as a witness the person who	440
administered the test to which the records pertain, the person	441
under whose supervision the test was administered, the custodian	442
of the records, the person who made the records, or the person	443
under whose supervision the records were made.	444

(3)(a) If the testimonial privilege described in division	445
(B)(1) of this section does not apply as provided in division	446
(B)(1)(a)(iii) of this section, a physician or dentist may be	447
compelled to testify or to submit to discovery under the Rules of	448
Civil Procedure only as to a communication made to the physician	449
or dentist by the patient in question in that relation, or the	450
physician's or dentist's advice to the patient in question, that	451
related causally or historically to physical or mental injuries	452
that are relevant to issues in the medical claim, dental claim,	453
chiropractic claim, or optometric claim, action for wrongful	454
death, other civil action, or claim under Chapter 4123. of the	455
Revised Code.	456

(b) If the testimonial privilege described in division (B)(1)	457
of this section does not apply to a physician or dentist as	458
provided in division (B)(1)(c) of this section, the physician or	459
dentist, in lieu of personally testifying as to the results of the	460
test in question, may submit a certified copy of those results,	461
and, upon its submission, the certified copy is qualified as	462
authentic evidence and may be admitted as evidence in accordance	463
with the Rules of Evidence. Division (A) of section 2317.422 of	464
the Revised Code does not apply to any certified copy of results	465
submitted in accordance with this division. Nothing in this	466
division shall be construed to limit the right of any party to	467
call as a witness the person who administered the test in	468
question, the person under whose supervision the test was	469
administered, the custodian of the results of the test, the person	470
who compiled the results, or the person under whose supervision	471
the results were compiled.	472

(4) The testimonial privilege described in division (B)(1) of	473
this section is not waived when a communication is made by a	474
physician to a pharmacist or when there is communication between a	475
patient and a pharmacist in furtherance of the physician-patient	476
relation.	477

(5)(a) As used in divisions (B)(1) to (4) of this section,	478
"communication" means acquiring, recording, or transmitting any	479
information, in any manner, concerning any facts, opinions, or	480
statements necessary to enable a physician or dentist to diagnose,	481
treat, prescribe, or act for a patient. A "communication" may	482
include, but is not limited to, any medical or dental, office, or	483
hospital communication such as a record, chart, letter,	484
memorandum, laboratory test and results, x-ray, photograph,	485
financial statement, diagnosis, or prognosis.	486

(b) As used in division (B)(2) of this section, "health care	487
provider" means a hospital, ambulatory care facility, long-term	488
care facility, pharmacy, emergency facility, or health care	489
practitioner.	490

(c) As used in division (B)(5)(b) of this section:

491

(i) "Ambulatory care facility" means a facility that provides	492
medical, diagnostic, or surgical treatment to patients who do not	493
require hospitalization, including a dialysis center, ambulatory	494
surgical facility, cardiac catheterization facility, diagnostic	495
imaging center, extracorporeal shock wave lithotripsy center, home	496
health agency, inpatient hospice, birthing center, radiation	497
therapy center, emergency facility, and an urgent care center.	498
"Ambulatory health care facility" does not include the private	499
office of a physician or dentist, whether the office is for an	500
individual or group practice.	501

(ii) "Emergency facility" means a hospital emergency	502
department or any other facility that provides emergency medical	503
services.	504

(iii) "Health care practitioner" has the same meaning as in	505
section 4769.01 of the Revised Code.	506

(iv) "Hospital" has the same meaning as in section 3727.01 of	507
the Revised Code.	508

(v) "Long-term care facility" means a nursing home,	509
residential care facility, or home for the aging, as those terms	510
are defined in section 3721.01 of the Revised Code; an adult care	511
facility, as defined in section 3722.01 of the Revised Code; a	512
nursing facility or intermediate care facility for the mentally	513
retarded, as those terms are defined in section 5111.20 of the	514
Revised Code; a facility or portion of a facility certified as a	515
skilled nursing facility under Title XVIII of the "Social Security	516
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	517

(vi) "Pharmacy" has the same meaning as in section 4729.01 of	518
the Revised Code.	519

(d) As used in divisions (B)(1) and (2) of this section,	520
"drug of abuse" has the same meaning as in section 4506.01 of the	521
Revised Code.	522

(6) Divisions (B)(1), (2), (3), (4), and (5) of this section	523
apply to doctors of medicine, doctors of osteopathic medicine,	524
doctors of podiatry, and dentists.	525

(7) Nothing in divisions (B)(1) to (6) of this section	526
affects, or shall be construed as affecting, the immunity from	527
civil liability conferred by section 307.628 of the Revised Code	528
or the immunity from civil liability conferred by section 2305.33	529
of the Revised Code upon physicians who report an employee's use	530
of a drug of abuse, or a condition of an employee other than one	531
involving the use of a drug of abuse, to the employer of the	532
employee in accordance with division (B) of that section. As used	533
in division (B)(7) of this section, "employee," "employer," and	534
"physician" have the same meanings as in section 2305.33 of the	535
Revised Code.	536

(C)(1) A cleric, when the cleric remains accountable to the	537
authority of that cleric's church, denomination, or sect,	538
concerning a confession made, or any information confidentially	539
communicated, to the cleric for a religious counseling purpose in	540
the cleric's professional character. The cleric may testify by	541
express consent of the person making the communication, except	542
when the disclosure of the information is in violation of a sacred	543
trust and except that, if the person voluntarily testifies or is	544
deemed by division (A)(4)(c) of section 2151.421 of the Revised	545
Code to have waived any testimonial privilege under this division,	546
the cleric may be compelled to testify on the same subject except	547
when disclosure of the information is in violation of a sacred	548
trust.	549

(2) As used in division (C) of this section:

550

(a) "Cleric" means a member of the clergy, rabbi, priest,	551
Christian Science practitioner, or regularly ordained, accredited,	552
or licensed minister of an established and legally cognizable	553
church, denomination, or sect.	554

(b) "Sacred trust" means a confession or confidential	555
communication made to a cleric in the cleric's ecclesiastical	556
capacity in the course of discipline enjoined by the church to	557
which the cleric belongs, including, but not limited to, the	558
Catholic Church, if both of the following apply:	559

(i) The confession or confidential communication was made	560
directly to the cleric.	561

(ii) The confession or confidential communication was made in	562
the manner and context that places the cleric specifically and	563
strictly under a level of confidentiality that is considered	564
inviolate by canon law or church doctrine.	565

(D) Husband or wife, concerning any communication made by one	566
to the other, or an act done by either in the presence of the	567
other, during coverture, unless the communication was made, or act	568
done, in the known presence or hearing of a third person competent	569
to be a witness; and such rule is the same if the marital relation	570
has ceased to exist;	571

(E) A person who assigns a claim or interest, concerning any	572
matter in respect to which the person would not, if a party, be	573
permitted to testify;	574

(F) A person who, if a party, would be restricted under	575
section 2317.03 of the Revised Code, when the property or thing is	576
sold or transferred by an executor, administrator, guardian,	577
trustee, heir, devisee, or legatee, shall be restricted in the	578
same manner in any action or proceeding concerning the property or	579
thing.	580

(G)(1) A school guidance counselor who holds a valid educator	581
license from the state board of education as provided for in	582
section 3319.22 of the Revised Code, a person licensed under	583
Chapter 4757. of the Revised Code as a professional clinical	584
counselor, professional counselor, social worker, independent	585
social worker, marriage and family therapist or independent	586
marriage and family therapist, or registered under Chapter 4757.	587
of the Revised Code as a social work assistant concerning a	588
confidential communication received from a client in that relation	589
or the person's advice to a client unless any of the following	590
applies:	591

(a) The communication or advice indicates clear and present	592
danger to the client or other persons. For the purposes of this	593
division, cases in which there are indications of present or past	594
child abuse or neglect of the client constitute a clear and	595
present danger.	596

(b) The client gives express consent to the testimony.

597

(c) If the client is deceased, the surviving spouse or the	598
executor or administrator of the estate of the deceased client	599
gives express consent.	600

(d) The client voluntarily testifies, in which case the	601
school guidance counselor or person licensed or registered under	602
Chapter 4757. of the Revised Code may be compelled to testify on	603
the same subject.	604

(e) The court in camera determines that the information	605
communicated by the client is not germane to the counselor-client,	606
marriage and family therapist-client, or social worker-client	607
relationship.	608

(f) A court, in an action brought against a school, its	609
administration, or any of its personnel by the client, rules after	610
an in-camera inspection that the testimony of the school guidance	611
counselor is relevant to that action.	612

(g) The testimony is sought in a civil action and concerns	613
court-ordered treatment or services received by a patient as part	614
of a case plan journalized under section 2151.412 of the Revised	615
Code or the court-ordered treatment or services are necessary or	616
relevant to dependency, neglect, or abuse or temporary or	617
permanent custody proceedings under Chapter 2151. of the Revised	618
Code.	619

(2) Nothing in division (G)(1) of this section shall relieve	620
a school guidance counselor or a person licensed or registered	621
under Chapter 4757. of the Revised Code from the requirement to	622
report information concerning child abuse or neglect under section	623
2151.421 of the Revised Code.	624

(H) A mediator acting under a mediation order issued under	625
division (A) of section 3109.052 of the Revised Code or otherwise	626
issued in any proceeding for divorce, dissolution, legal	627
separation, annulment, or the allocation of parental rights and	628
responsibilities for the care of children, in any action or	629
proceeding, other than a criminal, delinquency, child abuse, child	630
neglect, or dependent child action or proceeding, that is brought	631
by or against either parent who takes part in mediation in	632
accordance with the order and that pertains to the mediation	633
process, to any information discussed or presented in the	634
mediation process, to the allocation of parental rights and	635
responsibilities for the care of the parents' children, or to the	636
awarding of parenting time rights in relation to their children;	637

(I) A communications assistant, acting within the scope of	638
the communication assistant's authority, when providing	639
telecommunications relay service pursuant to section 4931.35	640
4931.06 of the Revised Code or Title II of the "Communications Act	641
of 1934," 104 Stat. 366 (1990), 47 U.S.C. 225, concerning a	642
communication made through a telecommunications relay service.	643
Nothing in this section shall limit the obligation of a	644
communications assistant to divulge information or testify when	645
mandated by federal law or regulation or pursuant to subpoena in a	646
criminal proceeding.	647

Nothing in this section shall limit any immunity or privilege	648
granted under federal law or regulation.	649

(J)(1) A chiropractor in a civil proceeding concerning a	650
communication made to the chiropractor by a patient in that	651
relation or the chiropractor's advice to a patient, except as	652
otherwise provided in this division. The testimonial privilege	653
established under this division does not apply, and a chiropractor	654
may testify or may be compelled to testify, in any civil action,	655
in accordance with the discovery provisions of the Rules of Civil	656
Procedure in connection with a civil action, or in connection with	657
a claim under Chapter 4123. of the Revised Code, under any of the	658
following circumstances:	659

(a) If the patient or the guardian or other legal	660
representative of the patient gives express consent.	661

(b) If the patient is deceased, the spouse of the patient or	662
the executor or administrator of the patient's estate gives	663
express consent.	664

(c) If a medical claim, dental claim, chiropractic claim, or	665
optometric claim, as defined in section 2305.113 of the Revised	666
Code, an action for wrongful death, any other type of civil	667
action, or a claim under Chapter 4123. of the Revised Code is	668
filed by the patient, the personal representative of the estate of	669
the patient if deceased, or the patient's guardian or other legal	670
representative.	671

(2) If the testimonial privilege described in division (J)(1)	672
of this section does not apply as provided in division (J)(1)(c)	673
of this section, a chiropractor may be compelled to testify or to	674
submit to discovery under the Rules of Civil Procedure only as to	675
a communication made to the chiropractor by the patient in	676
question in that relation, or the chiropractor's advice to the	677
patient in question, that related causally or historically to	678
physical or mental injuries that are relevant to issues in the	679
medical claim, dental claim, chiropractic claim, or optometric	680
claim, action for wrongful death, other civil action, or claim	681
under Chapter 4123. of the Revised Code.	682

(3) The testimonial privilege established under this division	683
does not apply, and a chiropractor may testify or be compelled to	684
testify, in any criminal action or administrative proceeding.	685

(4) As used in this division, "communication" means	686
acquiring, recording, or transmitting any information, in any	687
manner, concerning any facts, opinions, or statements necessary to	688
enable a chiropractor to diagnose, treat, or act for a patient. A	689
communication may include, but is not limited to, any	690
chiropractic, office, or hospital communication such as a record,	691
chart, letter, memorandum, laboratory test and results, x-ray,	692
photograph, financial statement, diagnosis, or prognosis.	693

(K)(1) Except as provided under division (K)(2) of this	694
section, a critical incident stress management team member	695
concerning a communication received from an individual who	696
receives crisis response services from the team member, or the	697
team member's advice to the individual, during a debriefing	698
session.	699

(2) The testimonial privilege established under division	700
(K)(1) of this section does not apply if any of the following are	701
true:	702

(a) The communication or advice indicates clear and present	703
danger to the individual who receives crisis response services or	704
to other persons. For purposes of this division, cases in which	705
there are indications of present or past child abuse or neglect of	706
the individual constitute a clear and present danger.	707

(b) The individual who received crisis response services	708
gives express consent to the testimony.	709

(c) If the individual who received crisis response services	710
is deceased, the surviving spouse or the executor or administrator	711
of the estate of the deceased individual gives express consent.	712

(d) The individual who received crisis response services	713
voluntarily testifies, in which case the team member may be	714
compelled to testify on the same subject.	715

(e) The court in camera determines that the information	716
communicated by the individual who received crisis response	717
services is not germane to the relationship between the individual	718
and the team member.	719

(f) The communication or advice pertains or is related to any	720
criminal act.	721

(3) As used in division (K) of this section:

722

(a) "Crisis response services" means consultation, risk	723
assessment, referral, and on-site crisis intervention services	724
provided by a critical incident stress management team to	725
individuals affected by crisis or disaster.	726

(b) "Critical incident stress management team member" or	727
"team member" means an individual specially trained to provide	728
crisis response services as a member of an organized community or	729
local crisis response team that holds membership in the Ohio	730
critical incident stress management network.	731

(c) "Debriefing session" means a session at which crisis	732
response services are rendered by a critical incident stress	733
management team member during or after a crisis or disaster.	734

(L)(1) Subject to division (L)(2) of this section and except	735
as provided in division (L)(3) of this section, an employee	736
assistance professional, concerning a communication made to the	737
employee assistance professional by a client in the employee	738
assistance professional's official capacity as an employee	739
assistance professional.	740

(2) Division (L)(1) of this section applies to an employee	741
assistance professional who meets either or both of the following	742
requirements:	743

(a) Is certified by the employee assistance certification	744
commission to engage in the employee assistance profession;	745

(b) Has education, training, and experience in all of the	746
following:	747

(i) Providing workplace-based services designed to address	748
employer and employee productivity issues;	749

(ii) Providing assistance to employees and employees'	750
dependents in identifying and finding the means to resolve	751
personal problems that affect the employees or the employees'	752
performance;	753

(iii) Identifying and resolving productivity problems	754
associated with an employee's concerns about any of the following	755
matters: health, marriage, family, finances, substance abuse or	756
other addiction, workplace, law, and emotional issues;	757

(iv) Selecting and evaluating available community resources;

758

(v) Making appropriate referrals;

759

(vi) Local and national employee assistance agreements;

760

(vii) Client confidentiality.

761

(3) Division (L)(1) of this section does not apply to any of	762
the following:	763

(a) A criminal action or proceeding involving an offense	764
under sections 2903.01 to 2903.06 of the Revised Code if the	765
employee assistance professional's disclosure or testimony relates	766
directly to the facts or immediate circumstances of the offense;	767

(b) A communication made by a client to an employee	768
assistance professional that reveals the contemplation or	769
commission of a crime or serious, harmful act;	770

(c) A communication that is made by a client who is an	771
unemancipated minor or an adult adjudicated to be incompetent and	772
indicates that the client was the victim of a crime or abuse;	773

(d) A civil proceeding to determine an individual's mental	774
competency or a criminal action in which a plea of not guilty by	775
reason of insanity is entered;	776

(e) A civil or criminal malpractice action brought against	777
the employee assistance professional;	778

(f) When the employee assistance professional has the express	779
consent of the client or, if the client is deceased or disabled,	780
the client's legal representative;	781

(g) When the testimonial privilege otherwise provided by	782
division (L)(1) of this section is abrogated under law.	783

Sec. 2917.21.  (A) No person shall knowingly make or cause to	784
be made a telecommunication, or knowingly permit a	785
telecommunication to be made from a telecommunications device	786
under the person's control, to another, if the caller does any of	787
the following:	788

(1) Fails to identify the caller to the recipient of the	789
telecommunication and makes the telecommunication with purpose to	790
harass or abuse any person at the premises to which the	791
telecommunication is made, whether or not actual communication	792
takes place between the caller and a recipient;	793

(2) Describes, suggests, requests, or proposes that the	794
caller, the recipient of the telecommunication, or any other	795
person engage in sexual activity, and the recipient or another	796
person at the premises to which the telecommunication is made has	797
requested, in a previous telecommunication or in the immediate	798
telecommunication, that the caller not make a telecommunication to	799
the recipient or to the premises to which the telecommunication is	800
made;	801

(3) During the telecommunication, violates section 2903.21 of	802
the Revised Code;	803

(4) Knowingly states to the recipient of the	804
telecommunication that the caller intends to cause damage to or	805
destroy public or private property, and the recipient, any member	806
of the recipient's family, or any other person who resides at the	807
premises to which the telecommunication is made owns, leases,	808
resides, or works in, will at the time of the destruction or	809
damaging be near or in, has the responsibility of protecting, or	810
insures the property that will be destroyed or damaged;	811

(5) Knowingly makes the telecommunication to the recipient of	812
the telecommunication, to another person at the premises to which	813
the telecommunication is made, or to those premises, and the	814
recipient or another person at those premises previously has told	815
the caller not to make a telecommunication to those premises or to	816
any persons at those premises.	817

(B) No person shall make or cause to be made a	818
telecommunication, or permit a telecommunication to be made from a	819
telecommunications device under the person's control, with purpose	820
to abuse, threaten, or harass another person.	821

(C)(1) Whoever violates this section is guilty of	822
telecommunications harassment.	823

(2) A violation of division (A)(1), (2), (3), or (5) or (B)	824
of this section is a misdemeanor of the first degree on a first	825
offense and a felony of the fifth degree on each subsequent	826
offense.	827

(3) Except as otherwise provided in division (C)(3) of this	828
section, a violation of division (A)(4) of this section is a	829
misdemeanor of the first degree on a first offense and a felony of	830
the fifth degree on each subsequent offense. If a violation of	831
division (A)(4) of this section results in economic harm of five	832
hundred dollars or more but less than five thousand dollars,	833
telecommunications harassment is a felony of the fifth degree. If	834
a violation of division (A)(4) of this section results in economic	835
harm of five thousand dollars or more but less than one hundred	836
thousand dollars, telecommunications harassment is a felony of the	837
fourth degree. If a violation of division (A)(4) of this section	838
results in economic harm of one hundred thousand dollars or more,	839
telecommunications harassment is a felony of the third degree.	840

(D) No cause of action may be asserted in any court of this	841
state against any provider of a telecommunications service or	842
information service, or against any officer, employee, or agent of	843
a telecommunication service or information service, for any	844
injury, death, or loss to person or property that allegedly arises	845
out of the provider's, officer's, employee's, or agent's provision	846
of information, facilities, or assistance in accordance with the	847
terms of a court order that is issued in relation to the	848
investigation or prosecution of an alleged violation of this	849
section or section 4931.31 of the Revised Code. A provider of a	850
telecommunications service or information service, or an officer,	851
employee, or agent of a telecommunications service or information	852
service, is immune from any civil or criminal liability for	853
injury, death, or loss to person or property that allegedly arises	854
out of the provider's, officer's, employee's, or agent's provision	855
of information, facilities, or assistance in accordance with the	856
terms of a court order that is issued in relation to the	857
investigation or prosecution of an alleged violation of this	858
section or section 4931.31 of the Revised Code.	859

(E) As used in this section:

860

(1) "Economic harm" means all direct, incidental, and	861
consequential pecuniary harm suffered by a victim as a result of	862
criminal conduct. "Economic harm" includes, but is not limited to,	863
all of the following:	864

(a) All wages, salaries, or other compensation lost as a	865
result of the criminal conduct;	866

(b) The cost of all wages, salaries, or other compensation	867
paid to employees for time those employees are prevented from	868
working as a result of the criminal conduct;	869

(c) The overhead costs incurred for the time that a business	870
is shut down as a result of the criminal conduct;	871

(d) The loss of value to tangible or intangible property that	872
was damaged as a result of the criminal conduct.	873

(2) "Caller" means the person described in division (A) of	874
this section who makes or causes to be made a telecommunication or	875
who permits a telecommunication to be made from a	876
telecommunications device under that person's control.	877

(3) "Telecommunication" and "telecommunications device" have	878
the same meanings as in section 2913.01 of the Revised Code.	879

(4) "Sexual activity" has the same meaning as in section	880
2907.01 of the Revised Code.	881

(F) Nothing in this section prohibits a person from making a	882
telecommunication to a debtor that is in compliance with the "Fair	883
Debt Collection Practices Act," 91 Stat. 874 (1977), 15 U.S.C.	884
1692, as amended, or the "Telephone Consumer Protection Act," 105	885
Stat. 2395 (1991), 47 U.S.C. 227, as amended.	886

Sec. 4901.01.  As used in sections 4901.01 to 4901.24,	887
inclusive, of the Revised Code:	888

(A) "Public utility" has the same meaning set forthas in	889
section 4905.02 of the Revised Code.	890

(B) "Telegraph company," "telephone company," "electric light	891
company," "gas company," "natural gas company," "pipe-line	892
company," "water-works company," "sewage disposal system company,"	893
"heating or cooling company," "messenger company," "street railway	894
company," "suburban railroad company," "interurban railroad	895
company," and "motor-propelled vehicle" have the meaning set forth	896
in section 4905.03 of the Revised Code.	897

(C) "Railroad" has the same meaning set forthas in section	898
4907.02 of the Revised Code.	899

(D) "Motor transportation company" has the meaning set forth	900
in sections 4905.03 and 4921.02 of the Revised Code.	901

(E) "Trailer," "public highway," "fixed termini," "regular	902
route," and "irregular route" have the meaning set forth in	903
section 4921.02 of the Revised Code.	904

(F) "Private motor carrier," "contract carrier by motor	905
vehicle," "motor vehicle," and "charter party trip" have the	906
meaning set forth in section 4923.02 of the Revised Code.	907

Sec. 4901.02.  (A) There is hereby created the public	908
utilities commission of Ohio, by which name the commission may sue	909
and be sued. The commission shall consist of five public utilities	910
commissioners appointed by the governor with the advice and	911
consent of the senate. The governor shall designate one of such	912
commissioners to be the chairmanchairperson of the commission.	913
The chairmanchairperson of the commission shall serve as chairman	914
chairperson at the governor's pleasure. The commissioners shall be	915
selected from the lists of qualified persons submitted to the	916
governor by the public utilities commission nominating council	917
pursuant to section 4901.021 of the bRevisedRevised Code. Not	918
more than three of said commissioners shall belong to or be	919
affiliated with the same political party. The commission shall	920
possess the powers and duties specified in, as well as all powers	921
necessary and proper to carry out the purposes of Chapters 4901.,	922
4903., 4905., 4907., 4909., 4921., and 4923., and 4927. of the	923
Revised Code.	924

(B) A majority of the public utilities commissioners	925
constitutes a quorum.	926

(C) The terms of office of public utilities commissioners	927
shall be for five years, commencing on the eleventh day of April	928
and ending on the tenth day of April, except that terms of the	929
first commissioners shall be for one, two, three, four, and five	930
years, respectively, as designated by the governor at the time of	931
appointment. Each commissioner shall hold office from the date of	932
his appointment until the end of the term for which hethe	933
commissioner was appointed. Any commissioner appointed to fill a	934
vacancy occurring prior to the expiration of the term for which he	935
the commissioner was appointed shall hold office for the remainder	936
of such term. Any commissioner shall continue in office subsequent	937
to the expiration date of the term for which hethe commissioner	938
was appointed until histhe commissioner's successor takes office,	939
or until a period of sixty days has elapsed, whichever occurs	940
first. Each vacancy shall be filled by appointment within sixty	941
days after the vacancy occurs.	942

(D) Public utilities commissioners shall have at least three	943
years of experience in one or more of the following fields:	944
economics, law, finance, accounting, engineering, physical or	945
natural sciences, natural resources, or environmental studies. At	946
least one commissioner shall be an attorney admitted to the	947
practice of law in any state or the District of Columbia.	948

(E) The chairmanchairperson of the commission shall be the	949
head of the commission and its chief executive officer. The	950
appointment or removal of employees of the commission or any	951
division thereof, and all contracts for special service, are	952
subject to the approval of the chairmanchairperson. The chairman	953
chairperson shall designate one of the commissioners to act as	954
deputy chairmanchairperson, who shall possess during the absence	955
or disability of the chairmanchairperson, all of the powers of	956
the chairmanchairperson.	957

Sec. 4901.11.  The public utilities commission may procure	958
all necessary books, maps, charts, stationery, instruments, office	959
furniture, apparatus, and appliances, including telephone and	960
telegraph service, and may purchase from the interstate commerce	961
commission blank forms for the use of railroads and other	962
utilities in making their annual reports, necessary for the proper	963
administration of the affairs of saidthe public utilities	964
commission, which expenses shall be audited and paid in the same	965
manner as other expenses.	966

Sec. 4901.15.  The public utilities commission shall,	967
whenever called upon by any officer, board, or commission of this	968
state or any political subdivision of this state, furnish any data	969
or information to such officer, board, or commission and shall aid	970
or assist any such officer, board, or commission in performing the	971
official duties of his or its office. All officers, boards, or	972
commissions of this state or any political subdivision of this	973
state, shall furnish to the commission, upon request, any data or	974
information whichthat will assist the commission in the discharge	975
of the duties imposed upon it by Chapters 4901., 4903., 4905.,	976
4907., 4909., 4921., 4923., and 4925.4927. of the Revised Code.	977

Sec. 4901.22.  Each of the public utilities commissioners,	978
for the purposes mentioned in Chapters 4901., 4903., 4905., 4907.,	979
4909., 4921., 4923., and 4925.4927. of the Revised Code, may	980
administer oaths, certify to official acts, issue subpoenas, and	981
compel the attendance of witnesses and the production of papers,	982
waybills, books, accounts, documents, and testimony.	983

Sec. 4903.01.  As used in sections 4903.01 to 4903.25,	984
inclusive, of the Revised Code:	985

(A) "Public utility" has the same meaning set forthas in	986
section 4905.02 of the Revised Code.	987

(B) "Telegraph company," "telephone company," "electric light	988
company," "gas company," "natural gas company," "pipe-line	989
company," "water-works company," "sewage disposal system company,"	990
"heating or cooling company," "messenger company," "street railway	991
company," "suburban railroad company," "interurban railroad	992
company," and "motor-propelled vehicle" have the meaning set forth	993
in section 4905.03 of the Revised Code.	994

(C) "Railroad" has the same meaning set forthas in section	995
4907.02 of the Revised Code.	996

(D) "Motor transportation company" has the meaning set forth	997
in sections 4905.03 and 4921.02 of the Revised Code.	998

(E) "Trailer," "public highway," "fixed termini," "regular	999
route," and "irregular route" have the meaning set forth in	1000
section 4921.02 of the Revised Code.	1001

(F) "Private motor carrier," "contract carrier by motor	1002
vehicle," "motor vehicle," and "charter party trip" have the	1003
meaning set forth in section 4923.02 of the Revised Code.	1004

Sec. 4903.20.  All actions and proceedings in the supreme	1005
court under Chapters 4901., 4903., 4905., 4906., 4907., 4909.,	1006
4921., and 4923., and 4927. of the Revised Code, and all actions	1007
of proceedings to which the public utilities commission, power	1008
siting board, or this state is a party, and in which any question	1009
arises under suchthose chapters, or under or concerning any order	1010
or decision of the commission or the board, to reverse, vacate, or	1011
modify an order of the commission or the board, shall be taken up	1012
and disposed of by the court out of their order on the docket.	1013

Sec. 4903.22.  Except when otherwise provided by law, all	1014
processes in actions and proceedings in a court arising under	1015
Chapters 4901., 4903., 4905., 4906., 4907., 4909., 4921., 4923.,	1016
and 4925.4927. of the Revised Code shall be served, and the	1017
practice and rules of evidence in such actions and proceedings	1018
shall be the same, as in civil actions. A sheriff or other officer	1019
empowered to execute civil processes shall execute process issued	1020
under suchthose chapters and receive compensation therefor as	1021
prescribed by law for like services.	1022

Sec. 4903.23.  The public utilities commission or power	1023
siting board may charge and collect a fee, which shall not exceed	1024
cost, for furnishing any copy of any paper, record, testimony, or	1025
writing made, taken, or filed under Chapters 4901., 4903., 4905.,	1026
4906., 4907., 4909., 4921., and 4923., and 4927. of the Revised	1027
Code, except such transcript and other papers as are required to	1028
be filed in any court proceedings authorized in suchthose	1029
chapters, whether under seal and certified to or otherwise; and	1030
may charge and collect a fee for certifying a document, which	1031
shall not exceed that charged by the secretary of state under	1032
division (K) of section 111.16 of the Revised Code. All such fees,	1033
itemized, shall be paid into the state treasury on the first day	1034
of each month.	1035

Upon application of any person and payment of the proper fee,	1036
the commission or board shall furnish certified copies under the	1037
seal of the commission or board of any order made by it, which	1038
order is prima-facie evidence in any court of the facts stated in	1039
such copies. The copies of schedules, classifications, and tariffs	1040
of rates, tolls, prices, rentals, regulations, practices,	1041
services, fares, and charges, and copies of all contracts,	1042
agreements, and arrangements between public utilities and	1043
railroads, or either, filed with the commission, and the	1044
statistics, tables, and figures contained in the annual or other	1045
reports of such companies made to the commission as required by	1046
suchthe chapters, shall be preserved as public records in the	1047
custody of the commission and shall be received as prima-facie	1048
evidence of what they purport to be, for the purpose of	1049
investigations and prosecutions by the commission and in all	1050
judicial proceedings. Copies of and extracts from any of such	1051
schedules, classifications, tariffs, contracts, agreements,	1052
arrangements, or reports, made public records, certified by the	1053
commission under its seal, shall be received in evidence with like	1054
effect as the originals.	1055

Sec. 4905.01.  As used in this chapter:

1056

(A) "Railroad" has the same meaning set forthas in section	1057
4907.02 of the Revised Code.	1058

(B) "Motor transportation company" has the same meaning set	1059
forthas in sections 4905.03 and 4921.02 of the Revised Code.	1060

(C) "Trailer," and "public highway," "fixed termini,"	1061
"regular route," and "irregular route" have the same meanings set	1062
forthas in section 4921.02 of the Revised Code.	1063

(D) "Private motor carrier," "contract carrier by motor	1064
vehicle,"and "motor vehicle," and "charter party trip" have the	1065
same meanings set forthas in section 4923.02 of the Revised Code.	1066

(E) "Ohio coal research and development costs" means all	1067
reasonable costs associated with a facility or project undertaken	1068
by a public utility for which a recommendation to allow the	1069
recovery of costs associated therewith has been made under	1070
division (B)(7) of section 1551.33 of the Revised Code, including,	1071
but not limited to, capital costs, such as costs of debt and	1072
equity; construction and operation costs; termination and	1073
retirement costs; costs of feasibility and marketing studies	1074
associated with the project; and the acquisition and delivery	1075
costs of Ohio coal used in the project, less any expenditures of	1076
grant moneys.	1077

Sec. 4905.02.  As used in this chapter, "public utility"	1078
includes every corporation, company, copartnership, person, or	1079
association, theirthe lessees, trustees, or receivers of the	1080
foregoing, defined in section 4905.03 of the Revised Code,	1081
including allany public utilitiesutility that operate their	1082
utilitiesoperates its utility not for profit, except the	1083
following:	1084

(A) ElectricAn electric light companiescompany that operate	1085
their utilitiesoperates its utility not for profit;	1086

(B) Public utilitiesA public utility, other than a telephone	1087
companiescompany, that areis owned and operated exclusively by	1088
and solely for the utilities'utility's customers, including any	1089
consumer or group of consumers purchasing, delivering, storing, or	1090
transporting, or seeking to purchase, deliver, store, or	1091
transport, natural gas exclusively by and solely for the	1092
consumer's or consumers' own intended use as the end user or end	1093
users and not for profit;	1094

(C) Public utilitiesA public utility that areis owned or	1095
operated by any municipal corporation;	1096

(D) RailroadsA railroad as defined in sections 4907.02 and	1097
4907.03 of the Revised Code;	1098

(E) Any provider, including a telephone company, with respect	1099
to its provision of any of the following:	1100

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

1101

(2) Broadband service, however defined or classified by the	1102
federal communications commission;	1103

(3) Information service as defined in the "Telecommunications	1104
Act of 1996," 110 Stat. 59, 47 U.S.C. 153(20);	1105

(4) Internet protocol-enabled services as defined in section	1106
4927.01 of the Revised Code;	1107

(5) Subject to division (B) of section 4927.03 of the Revised	1108
Code, any telecommunications service as defined in section 4927.01	1109
of the Revised Code to which both of the following apply:	1110

(a) The service was not commercially available on the	1111
effective date of the amendment of this section by S.B. 162 of the	1112
128th general assembly.	1113

(b) The service employs technology that became available for	1114
commercial use only after the effective date of the amendment of	1115
this section by S.B. 162 of the 128th general assembly.	1116

Sec. 4905.03.  As used in this chapter:

1117

(A) Any person, firm, copartnership, voluntary association,	1118
joint-stock association, company, or corporation, wherever	1119
organized or incorporated, is:	1120

(1) A telegraph company, when engaged in the business of	1121
transmitting telegraphic messages to, from, through, or in this	1122
state;	1123

(2) A telephone company, when engaged in the business of	1124
transmitting telephonic messages to, from, through, or in this	1125
state and as such is a common carrier;	1126

(3)(2) A motor transportation company, when engaged in the	1127
business of carrying and transporting persons or property or the	1128
business of providing or furnishing such transportation service,	1129
for hire, in or by motor-propelled vehicles of any kind, including	1130
trailers, for the public in general, over any public street, road,	1131
or highway in this state, except as provided in section 4921.02 of	1132
the Revised Code;	1133

(4)(3) An electric light company, when engaged in the	1134
business of supplying electricity for light, heat, or power	1135
purposes to consumers within this state, including supplying	1136
electric transmission service for electricity delivered to	1137
consumers in this state, but excluding a regional transmission	1138
organization approved by the federal energy regulatory commission;	1139

(5)(4) A gas company, when engaged in the business of	1140
supplying artificial gas for lighting, power, or heating purposes	1141
to consumers within this state or when engaged in the business of	1142
supplying artificial gas to gas companies or to natural gas	1143
companies within this state, but a producer engaged in supplying	1144
to one or more gas or natural gas companies, only such artificial	1145
gas as is manufactured by that producer as a by-product of some	1146
other process in which the producer is primarily engaged within	1147
this state is not thereby a gas company. All rates, rentals,	1148
tolls, schedules, charges of any kind, or agreements between any	1149
gas company and any other gas company or any natural gas company	1150
providing for the supplying of artificial gas and for compensation	1151
for the same are subject to the jurisdiction of the public	1152
utilities commission.	1153

(6)(5) A natural gas company, when engaged in the business of	1154
supplying natural gas for lighting, power, or heating purposes to	1155
consumers within this state. Notwithstanding the above, neither	1156
the delivery nor sale of Ohio-produced natural gas by a producer	1157
or gatherer under a public utilities commission-ordered exemption,	1158
adopted before, as to producers, or after, as to producers or	1159
gatherers, January 1, 1996, or the delivery or sale of	1160
Ohio-produced natural gas by a producer or gatherer of	1161
Ohio-produced natural gas, either to a lessor under an oil and gas	1162
lease of the land on which the producer's drilling unit is	1163
located, or the grantor incident to a right-of-way or easement to	1164
the producer or gatherer, shall cause the producer or gatherer to	1165
be a natural gas company for the purposes of this section.	1166

All rates, rentals, tolls, schedules, charges of any kind, or	1167
agreements between a natural gas company and other natural gas	1168
companies or gas companies providing for the supply of natural gas	1169
and for compensation for the same are subject to the jurisdiction	1170
of the public utilities commission. The commission, upon	1171
application made to it, may relieve any producer or gatherer of	1172
natural gas, defined in this section as a gas company or a natural	1173
gas company, of compliance with the obligations imposed by this	1174
chapter and Chapters 4901., 4903., 4907., 4909., 4921., and 4923.	1175
of the Revised Code, so long as the producer or gatherer is not	1176
affiliated with or under the control of a gas company or a natural	1177
gas company engaged in the transportation or distribution of	1178
natural gas, or so long as the producer or gatherer does not	1179
engage in the distribution of natural gas to consumers.	1180

Nothing in division (A)(6)(5) of this section limits the	1181
authority of the commission to enforce sections 4905.90 to 4905.96	1182
of the Revised Code.	1183

(7)(6) A pipe-line company, when engaged in the business of	1184
transporting natural gas, oil, or coal or its derivatives through	1185
pipes or tubing, either wholly or partly within this state;	1186

(8)(7) A water-works company, when engaged in the business of	1187
supplying water through pipes or tubing, or in a similar manner,	1188
to consumers within this state;	1189

(9)(8) A heating or cooling company, when engaged in the	1190
business of supplying water, steam, or air through pipes or tubing	1191
to consumers within this state for heating or cooling purposes;	1192

(10)(9) A messenger company, when engaged in the business of	1193
supplying messengers for any purpose;	1194

(11)(10) A street railway company, when engaged in the	1195
business of operating as a common carrier, a railway, wholly or	1196
partly within this state, with one or more tracks upon, along,	1197
above, or below any public road, street, alleyway, or ground,	1198
within any municipal corporation, operated by any motive power	1199
other than steam and not a part of an interurban railroad, whether	1200
the railway is termed street, inclined-plane, elevated, or	1201
underground railway;	1202

(12)(11) A suburban railroad company, when engaged in the	1203
business of operating as a common carrier, whether wholly or	1204
partially within this state, a part of a street railway	1205
constructed or extended beyond the limits of a municipal	1206
corporation, and not a part of an interurban railroad;	1207

(13)(12) An interurban railroad company, when engaged in the	1208
business of operating a railroad, wholly or partially within this	1209
state, with one or more tracks from one municipal corporation or	1210
point in this state to another municipal corporation or point in	1211
this state, whether constructed upon the public highways or upon	1212
private rights-of-way, outside of municipal corporations, using	1213
electricity or other motive power than steam power for the	1214
transportation of passengers, packages, express matter, United	1215
States mail, baggage, and freight. Such an interurban railroad	1216
company is included in the term "railroad" as used in section	1217
4907.02 of the Revised Code.	1218

(14)(13) A sewage disposal system company, when engaged in	1219
the business of sewage disposal services through pipes or tubing,	1220
and treatment works, or in a similar manner, within this state.	1221

(B) "Motor-propelled vehicle" means any automobile,	1222
automobile truck, motor bus, or any other self-propelled vehicle	1223
not operated or driven upon fixed rails or tracks.	1224

Sec. 4905.04. (A) The public utilities commission is hereby	1225
vested with the power and jurisdiction to supervise and regulate	1226
public utilities and railroads, to require all public utilities to	1227
furnish their products and render all services exacted by the	1228
commission or by law, and to promulgate and enforce all orders	1229
relating to the protection, welfare, and safety of railroad	1230
employees and the traveling public, including the apportionment	1231
between railroads and the state and its political subdivisions of	1232
the cost of constructing protective devices at railroad grade	1233
crossings.	1234

(B) Subject to sections 4905.041 and 4905.042 of the Revised	1235
Code, division (A) of this section includes such power and	1236
jurisdiction as is reasonably necessary for the commission to	1237
perform pursuant to federal law, including federal regulations,	1238
the acts of a state commission as defined in 47 U.S.C. 153.	1239

Sec. 4905.09.  A substantial compliance by the public	1240
utilities commission with the requirements of Chapters 4901.,	1241
4903., 4905., 4907., 4909., 4921., 4923., and 4925.4927. of the	1242
Revised Code is sufficient to give effect to all its rules,and	1243
orders, acts, and regulations. SuchThose rules,and orders,acts,	1244
and regulations shall not be declared inoperative, illegal, or	1245
void for an omission of a technical nature in respect to such	1246
requirements. SuchAnd, those chapters do not affect, modify, or	1247
repeal any law fixing the rate whichthat a company operating a	1248
railroad may demand and receive for the transportation of	1249
passengers.	1250

Sec. 4905.12.  A railroad company or telegraph company which	1251
that violates section 4905.10, 4907.13, or 4907.15 of the Revised	1252
Code shall forfeit to the state one thousand dollars, and	1253
twenty-five dollars for each day suchthe company fails to comply	1254
with a requirement of any such sectionssection. SuchThe	1255
forfeiture does not release suchthe company from the assessment	1256
provided in section 4905.10 of the Revised Code.	1257

Sec. 4905.14.  (A)(1) Every public utility shall file an	1258
annual report with the public utilities commission. The report	1259
shall be filed at the time and in the form prescribed by the	1260
commission, shall be duly verified, and shall cover the yearly	1261
period fixed by the commission. The commission shall prescribe the	1262
character of the information to be embodied in the annual report,	1263
and shall furnish to each public utility a blank form for it.	1264
Every public utility also shall file a copy of the annual report	1265
with the office of consumers' counsel; the copy shall be filed at	1266
the same time that the original is filed with the commission. If	1267
any annual report filed with the commission is defective or	1268
erroneous, the commission may order that it be amended within a	1269
prescribed time. Any amendments made pursuant to such an order	1270
shall be filed with the commission and with the office of	1271
consumers' counsel. Each annual report filed with the commission	1272
shall be preserved in the office of the commission. The commission	1273
may, at any time, require specific answers to questions upon which	1274
it desires information.	1275

(2)(a) Except as provided in division (A)(2)(b) of this	1276
section, in the case of a telephone company, including a wireless	1277
service provider, the annual report shall be limited to	1278
information necessary for the commission to calculate the	1279
assessment provided for in section 4905.10 of the Revised Code.	1280
The commission shall protect any confidential information in every	1281
company and provider report.	1282

(b) With respect to a telephone company subject to section	1283
4905.71 of the Revised Code, the commission shall adopt rules that	1284
require such a telephone company to also include in the annual	1285
report information required by the commission to calculate pole	1286
attachment and conduit occupancy rates and any other information	1287
the commission determines necessary and requires by rule for the	1288
commission to fulfill its responsibility under section 4905.71 of	1289
the Revised Code.	1290

(B) On the first day of July and the first day of November of	1291
each year, each gas company and natural gas company shall file	1292
with the commission a report in quintuplicate stating:	1293

(1) The total demand, stated in terms of cubic feet, that the	1294
company projects will be expected of the company for the following	1295
twelve months;	1296

(2) The pertinent details of supply contracts with pipeline	1297
companies and producers for the following twelve months that they	1298
have executed and the quantity of the gas that they will possess	1299
in storage and will be available for delivery as of the first day	1300
of July and the first day of November;	1301

(3) Where it appears from a comparison of the information	1302
reported in division (B)(1) of this section with that reported in	1303
division (B)(2) of this section that the total demand projected by	1304
the company for the twelve months following the date of the report	1305
will exceed the ability of the company to furnish it, the means	1306
which the company intends to employ in order to prevent any	1307
interruption or curtailment of service.	1308

(C) The public utilities commission may require any telephone	1309
company to file with its annual report, supplementary reports of	1310
each exchange area owned or operated by it, in such detail as the	1311
commission may prescribe. Upon request of fifteen per cent of the	1312
subscribers of any telephone exchange, the public utilities	1313
commission shall require the report for such exchange area.	1314

Sec. 4905.16.  When and as required by the public utilities	1315
commission, every public utility shall file with it a copy of any	1316
contract, agreement, or arrangement, in writing, with any other	1317
public utility relating in any way to the construction,	1318
maintenance, or use of its plant or property, or to any service,	1319
rate, or charge.	1320

Unless otherwise ordered by the commission each telephone	1321
company shall file with the commission a copy of any contract,	1322
agreement, note, bond, or other arrangement entered into with any	1323
telephone management, service or operating company.	1324

Sec. 4905.18.  Every public utility shall carry a proper and	1325
adequate depreciation or deferred maintenance account, whenever	1326
the public utilities commission, after investigation, determines	1327
that a depreciation account can be reasonably required. The	1328
commission shall ascertain, determine, and prescribe what are	1329
proper and adequate charges for depreciation of the several	1330
classes of property for each public utility. The public utility	1331
commission shall require every telephone company to carry a proper	1332
and adequate depreciation or deferred maintenance account and	1333
shall ascertain, determine, and prescribe what are proper and	1334
adequate charges in each exchange area of such company. The charge	1335
for depreciation shall be such as will provide the amount required	1336
over the cost and expense of maintenance to keep the property of	1337
the public utility in a state of efficiency corresponding to the	1338
progress of the art or industry. The commission may prescribe such	1339
changes in such charges for depreciation as it finds necessary.	1340

Sec. 4905.20.  No railroad as defined in section 4907.02 of	1341
the Revised Code, operating any railroad in this state, and no	1342
public utility as defined in section 4905.02 of the Revised Code	1343
furnishing service or facilities within this state, shall abandon	1344
or be required to abandon or withdraw any main track or depot of a	1345
railroad, or main pipe line, gas line, telegraph line, telephone	1346
toll line, electric light line, water line, sewer line, steam pipe	1347
line, or any portion thereof, pumping station, generating plant,	1348
power station, sewage treatment plant, or service station of a	1349
public utility, or the service rendered thereby, whichthat has	1350
once been laid, constructed, opened, and used for public business,	1351
nor shall any such facility be closed for traffic or service	1352
thereon, therein, or thereover except as provided in section	1353
4905.21 of the Revised Code. Any railroad or public utility	1354
violating this section shall forfeit and pay into the state	1355
treasury not less than one hundred dollars, nor more than one	1356
thousand dollars, and shall be subject to all other legal and	1357
equitable remedies for the enforcement of this section and section	1358
4905.21 of the Revised Code.	1359

Sec. 4905.21.  Any railroad or any political subdivision	1360
desiring to abandon, close, or have abandoned, withdrawn, or	1361
closed for traffic or service all or any part of a main track or	1362
depot, and any public utility or political subdivision desiring to	1363
abandon or close, or have abandoned, withdrawn, or closed for	1364
traffic or service all or any part of any line, pumping station,	1365
generating plant, power station, sewage treatment plant, or	1366
service station, referred to in section 4905.20 of the Revised	1367
Code, shall make application to the public utilities commission in	1368
writing. The commission shall thereupon cause reasonable notice of	1369
the application to be given, stating the time and place fixed by	1370
the commission for the hearing of the application.	1371

Upon the hearing of the application, the commission shall	1372
ascertain the facts and make its findings thereon, and if such	1373
facts satisfy the commission that the proposed abandonment,	1374
withdrawal, or closing for traffic or service is reasonable,	1375
having due regard for the welfare of the public and the cost of	1376
operating the service or facility, it may allow such abandonment,	1377
withdrawal, or closing; otherwise it shall be denied, or if the	1378
facts warrant, the application may be granted in a modified form.	1379
If the application asks for the abandonment or withdrawal of any	1380
main track, main pipe line, gas line, telegraph line, telephone	1381
toll line, electric light line, water line, sewer line, steam pipe	1382
line, pumping station, generating plant, power station, sewage	1383
treatment plant, service station, or the service rendered thereby,	1384
in such manner as can result in the permanent abandonment of	1385
service between any two points on such railroad, or of service and	1386
facilities of any such public utility, no application shall be	1387
granted unless the railroad or public utility has operated the	1388
track, pipe line, gas line, telegraph line, telephone toll line,	1389
electric light line, water line, sewer line, steam pipe line,	1390
pumping station, generating plant, power station, sewage treatment	1391
plant, or service station for at least five years. SuchThe notice	1392
shall be given by publication in a newspaper of general	1393
circulation throughout any county or municipal corporation which	1394
that has granted a franchise to the railroad or public utility,	1395
under which the track, pipe line, gas line, telegraph line,	1396
telephone toll line, electric light line, water line, sewer line,	1397
steam pipe line, pumping station, generating plant, power station,	1398
sewage treatment plant, or service station is operated or in which	1399
the same is located, once a week for two consecutive weeks before	1400
the hearing of the application. Notice of the hearing shall be	1401
given such county, municipal corporation, or public utility in the	1402
manner provided for the service of orders of the commission in	1403
section 4903.15 of the Revised Code. This section and section	1404
4905.20 of the Revised Code do not apply to a gas company when it	1405
is removing or exchanging abandoned field lines.	1406

This section applies to all service now rendered and	1407
facilities furnished or hereafter built and operated, and an order	1408
of the commission authorizing the abandonment or withdrawal of any	1409
such service or facility shall not affect rights and obligations	1410
of a railroad or public utility beyond the scope of the order,	1411
anything in its franchise to the contrary notwithstanding.	1412

Sec. 4905.26.  Upon complaint in writing against any public	1413
utility by any person, firm, or corporation, or upon the	1414
initiative or complaint of the public utilities commission, that	1415
any rate, fare, charge, toll, rental, schedule, classification, or	1416
service, or any joint rate, fare, charge, toll, rental, schedule,	1417
classification, or service rendered, charged, demanded, exacted,	1418
or proposed to be rendered, charged, demanded, or exacted, is in	1419
any respect unjust, unreasonable, unjustly discriminatory,	1420
unjustly preferential, or in violation of law, or that any	1421
regulation, measurement, or practice affecting or relating to any	1422
service furnished by the public utility, or in connection with	1423
such service, is, or will be, in any respect unreasonable, unjust,	1424
insufficient, unjustly discriminatory, or unjustly preferential,	1425
or that any service is, or will be, inadequate or cannot be	1426
obtained, and, upon complaint of a public utility as to any matter	1427
affecting its own product or service, if it appears that	1428
reasonable grounds for complaint are stated, the commission shall	1429
fix a time for hearing and shall notify complainants and the	1430
public utility thereof. SuchThe notice shall be served not less	1431
than fifteen days before hearing and shall state the matters	1432
complained of. The commission may adjourn such hearing from time	1433
to time.	1434

The parties to the complaint shall be entitled to be heard,	1435
represented by counsel, and to have process to enforce the	1436
attendance of witnesses.	1437

Upon the filing of a complaint by one hundred subscribers or	1438
five per cent of the subscribers to any telephone exchange,	1439
whichever number be smaller, or by the legislative authority of	1440
any municipal corporation served by such telephone company that	1441
any regulation, measurement, standard of service, or practice	1442
affecting or relating to any service furnished by the telephone	1443
company, or in connection with such service is, or will be, in any	1444
respect unreasonable, unjust, discriminatory, or preferential, or	1445
that any service is, or will be, inadequate or cannot be obtained,	1446
the commission shall fix a time for the hearing of such complaint.	1447

The hearing provided for in the next preceding paragraph	1448
shall be held in the county wherein resides the majority of the	1449
signers of such complaint, or wherein is located such municipal	1450
corporation. Notice of the date, time of day, and location of the	1451
hearing shall be served upon the telephone company complained of,	1452
upon each municipal corporation served by the telephone company in	1453
the county or counties affected, and shall be published for not	1454
less than two consecutive weeks in a newspaper of general	1455
circulation in the county or counties affected.	1456

Such hearing shall be held not less than fifteen nor more	1457
than thirty days after the second publication of such notice.	1458

Sec. 4905.30. Every(A) A public utility shall print and	1459
file with the public utilities commission schedules showing all	1460
rates, joint rates, rentals, tolls, classifications, and charges	1461
for service of every kind furnished by it, and all rules and	1462
regulations affecting them. SuchThe schedules shall be plainly	1463
printed and kept open to public inspection. The commission may	1464
prescribe the form of every such schedule, and may prescribe, by	1465
order, changes in the form of such schedules. The commission may	1466
establish and modify rules and regulations for keeping such	1467
schedules open to public inspection. A copy of suchthe schedules,	1468
or so much thereof as the commission deems necessary for the use	1469
and information of the public, shall be printed in plain type and	1470
kept on file or posted in such places and in such manner as the	1471
commission orders.	1472

(B) Division (A) of this section applies to a telephone	1473
company only regarding rates, joint rates, tolls, classifications,	1474
charges, rules, and regulations established pursuant to sections	1475
4905.71, 4927.10, 4927.11, 4927.12, 4927.13, 4927.16, and 4931.47	1476
of the Revised Code.	1477

Sec. 4905.40.  (A) A public utility or a railroad may, when	1478
authorized by order of the public utilities commission, issue	1479
stocks, bonds, notes, and other evidences of indebtedness, payable	1480
at periods of more than twelve months after their date of	1481
issuance, when necessary:	1482

(1) For the acquisition of property, the construction,	1483
completion, extension, renewal, or improvement of its facilities,	1484
or the improvement of its service; or	1485

(2) For reorganization or readjustment of its indebtedness	1486
and capitalization, for the discharge or lawful refunding of its	1487
obligation, or for the reimbursement of moneys actually expended	1488
for such purposes from income or from any other moneys in the	1489
treasury of the public utility or railroad not secured or obtained	1490
from the issue of stocks, bonds, notes, or other evidences of	1491
indebtedness of such public utility or railroad. No reimbursement	1492
of moneys expended for such purposes from income or other moneys	1493
in the treasury shall be authorized unless the applicant has kept	1494
its accounts and vouchers of such expenditures in such manner as	1495
to enable the commission to ascertain the amount and purposes of	1496
such expenditures.	1497

(B) Any public utility, subject to the jurisdiction of the	1498
commission, may, when authorized by the commission, issue shares	1499
of common capital stock to acquire or pay for shares of common	1500
capital stock of a public utility of this or an adjoining state	1501
whose property is so located as to permit the operation of the	1502
properties of such utilities as an integrated system if the	1503
applicant owns, or by this issue will acquire, not less than	1504
sixty-five per cent of the issued and outstanding common capital	1505
shares of the company whose shares are to be acquired, and if the	1506
consideration to be capitalized by the acquiring company does not	1507
exceed the par or stated value at which the shares so acquired	1508
were issued.	1509

(C) Any bonds, notes, or other evidences of indebtedness	1510
payable at periods of more than twelve months after their date may	1511
be issued as provided in sections 4905.40 to 4905.43 of the	1512
Revised Code, regardless of the amount of the capital stock of the	1513
public utility or railroad, subject to the approval of the	1514
commission of the excess of such bonds, notes, or other evidences	1515
of indebtedness above the amount of the capital stock of such	1516
public utility or railroad.	1517

(D) The commission shall authorize on the best terms	1518
obtainable such issues of stocks, bonds, and other evidences of	1519
indebtedness as are necessary to enable any public utility to	1520
comply with any contract made between such public utility and any	1521
municipal corporation prior to June 30, 1911.	1522

(E) The commission may authorize a public utility that is an	1523
electric light company to issue equity securities, or debt	1524
securities having a term of more than twelve months from the date	1525
of issuance, for the purpose of yielding to the company the	1526
capacity to acquire a facility that produces fuel for the	1527
generation of electricity.	1528

(F) In any proceeding under division (A)(1) of this section	1529
initiated by a public utility, the commission shall determine and	1530
set forth in its order:	1531

(1) Whether the purpose to which the issue or any proceeds of	1532
it shall be applied was or is reasonably required by the utility	1533
to meet its present and prospective obligations to provide utility	1534
service;	1535

(2) Whether the amount of the issue and the probable cost of	1536
such stocks, bonds, notes, or other evidences of indebtedness is	1537
just and reasonable;	1538

(3) What effect, if any, the issuance of such stocks, bonds,	1539
notes, or other evidences of indebtedness and the cost thereof	1540
will have upon the present and prospective revenue requirements of	1541
the utility.	1542

(G) Sections 4905.40 to 4905.42 of the Revised Code do not	1543
apply to stocks, bonds, notes, or other evidence of indebtedness	1544
issued for the purpose of financing oil or natural gas drilling,	1545
producing, gathering, and associated activities and facilities by	1546
a producer which supplies to no more than twenty purchasers only	1547
such gas as is produced, gathered, or purchased by such producer	1548
within this state.	1549

(H) Each public utility seeking authorization from the	1550
commission for the issuance of securities to finance the	1551
installation, construction, extension, or improvement of an air	1552
quality facility, as defined in section 3706.01 of the Revised	1553
Code, shall consider the availability of financing therefor from	1554
the Ohio air quality development authority and shall demonstrate	1555
to the commission that the proposed financing will be obtained on	1556
the best terms obtainable.	1557

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

1558

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

1559

(1) "Control" means the possession of the power to direct the	1560
management and policies of a domestic telephone company or a	1561
holding company of a domestic telephone company, or the management	1562
and policies of a domestic electric utility or a holding company	1563
of a domestic electric utility, through the ownership of voting	1564
securities, by contract, or otherwise, but does not include the	1565
power that results from holding an official position or the	1566
possession of corporate office with the domestic company or	1567
utility or the holding company. Control is presumed to exist if	1568
any person, directly or indirectly, owns, controls, holds the	1569
power to vote, or holds with the power to vote proxies that	1570
constitute, twenty per cent or more of the total voting power of	1571
the domestic company or utility or the holding company.	1572

(2) "Electric utility" has the same meaning as in section	1573
4928.07 of the Revised Code.	1574

(3) "Holding company" excludes any securities broker	1575
performing the usual and customary broker's function.	1576

(4) "Telephone company" means any company described in	1577
division (A)(2)(1) of section 4905.03 of the Revised Code that is	1578
a public utility under section 4905.02 of the Revised Code and	1579
provides basic local exchange service, as defined in section	1580
4927.01 of the Revised Code.	1581

(B) No person shall acquire control, directly or indirectly,	1582
of a domestic telephone company or a holding company controlling a	1583
domestic telephone company or of a domestic electric utility or a	1584
holding company controlling a domestic electric utility unless	1585
that person obtains the prior approval of the public utilities	1586
commission under this section. To obtain approval the person shall	1587
file an application with the commission demonstrating that the	1588
acquisition will promote public convenience and result in the	1589
provision of adequate service for a reasonable rate, rental, toll,	1590
or charge. The application shall contain such information as the	1591
commission may require. If the commission considers a hearing	1592
necessary, it may fix a time and place for hearing. If, after	1593
review of the application and after any necessary hearing, the	1594
commission is satisfied that approval of the application will	1595
promote public convenience and result in the provision of adequate	1596
service for a reasonable rate, rental, toll, or charge, the	1597
commission shall approve the application and make such order as it	1598
considers proper. If the commission fails to issue an order within	1599
thirty days of the filing of the application, or within twenty	1600
days of the conclusion of a hearing, if one is held, the	1601
application shall be deemed approved by operation of law.	1602

(C) No domestic telephone company shall merge with another	1603
domestic telephone company unless the merging companies obtain the	1604
prior approval of the commission. An application seeking such	1605
approval shall be filed, processed, and decided in the manner	1606
provided for an application under division (B) of this section.	1607

(D) The commission shall adopt such rules as it finds	1608
necessary to carry out the provisions of this section.	1609

(D)(E) If it appears to the commission or to any person that	1610
may be adversely affected that any person is engaged in or about	1611
to engage in any acts or practices that would violate division (B)	1612
or (C) of this section or any provision of a rule adopted under	1613
this section, the attorney general, when directed to do so by the	1614
commission, or the person claiming to be adversely affected may	1615
bring an action in any court of common pleas that has jurisdiction	1616
and venue to enjoin such acts or practices and enforce compliance	1617
with this section. Upon a proper showing, the court shall grant,	1618
without bond, a restraining order or temporary or permanent	1619
injunction.	1620

(E)(F) The courts of this state have jurisdiction over every	1621
person not a resident of or domiciled or authorized to do business	1622
in this state that files, or is prohibited from acting without	1623
first filing, an application under division (B) or (C) of this	1624
section, and over all actions involving such person arising out of	1625
violations of any provision of this section or of a rule adopted	1626
under this section. The secretary of state shall be the agent for	1627
service of process for any such person in any action, suit, or	1628
proceeding arising out of such violations of this section. Copies	1629
of all such lawful process shall be served upon the secretary of	1630
state and transmitted by certified mail, with return receipt	1631
requested, by the secretary of state to such person at the	1632
person's last known address.	1633

Sec. 4905.41.  The proceedings for obtaining the authority of	1634
the public utilities commission for the issue of stocks, bonds,	1635
notes and other evidences of indebtedness, as provided in section	1636
4905.40 of the Revised Code, shall be as follows:	1637

(A) In case the stocks, bonds, notes, or other evidence of	1638
indebtedness are to be issued for money only, the public utility	1639
or railroad shall file with the commission a statement, signed and	1640
verified by the president or vice president and the secretary or	1641
treasurer of such public utility or railroad, setting forth:	1642

(1) The amount and character of the stocks, bonds, or other	1643
evidence of indebtedness;	1644

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

1645

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

1646

(4) The total assets and liabilities and an income statement	1647
of the public utility or railroad in such detail as the commission	1648
requires;	1649

(5) If the issue is desired for the purpose of the	1650
reimbursement of money expended from income, as provided by	1651
section 4905.40 of the Revised Code, the amount expended and when	1652
and for what purposes it was expended;	1653

(6) If the application is filed by a telephone company, a	1654
statement that such company is not in violation of section 4905.23	1655
of the Revised Code, and is not in violation of any order of the	1656
commission made under sections 4905.231 and 4905.381 of the	1657
Revised Code; or, if it is in violation thereof, that a portion or	1658
all of the proceeds will be used to correct such violation and	1659
that none of the proceeds will be used for expansion into or	1660
acquisition of any additional territory.	1661

(7) Such other facts and information pertinent to the inquiry	1662
as the commission requires.	1663

(B) If the stocks, bonds, notes, or other evidence of	1664
indebtedness are to be issued partly or wholly for property,	1665
services, or other consideration than money, the public utility or	1666
railroad shall file with the commission a statement, signed and	1667
verified by its president or vice president and its secretary, or	1668
treasurer setting forth:	1669

(1) The amount and character of the stocks, bonds, or other	1670
evidence of indebtedness proposed to be issued;	1671

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

1672

(3) The description and estimated value of the property or	1673
services for which they are to be issued;	1674

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

1675

(5) The amount of money to be received in addition to the	1676
property, service, or other consideration;	1677

(6) If the application is made by a telephone company, that	1678
the company is not in violation of section 4905.23 of the Revised	1679
Code and is not in violation of any order of the commission made	1680
under sections 4905.231 and 4905.381 of the Revised Code.	1681

(7) The total assets and liabilities and an income statement	1682
of the public utility or railroad in such detail as the commission	1683
requires;	1684

(8)(7) Such other facts and information pertinent to the	1685
inquiry as the commission requires.	1686

This section and section 4905.40 of the Revised Code do not	1687
apply to union depot companies organized and under contract prior	1688
to June 30, 1911, until the same are completed.	1689

This section does not apply to a telephone company.

1690

Sec. 4905.42.  To determine whether it should issue the order	1691
referred to in section 4905.40 of the Revised Code, the public	1692
utilities commission shall hold such hearings, make such inquiries	1693
or investigations, and examine such witnesses, books, papers,	1694
documents, and contracts as it deems proper.	1695

An order issued under this section shall fix the amount,	1696
character, and terms of any issue of stocks, bonds, notes, or	1697
other evidence of indebtedness, and the purposes to which the	1698
issue or any proceeds of it shall be applied, shall recite that	1699
the money, property, consideration, or labor procured or to be	1700
procured or paid for by such issue was or is reasonably required	1701
for the purposes specified in the order, and shall recite the	1702
value of any property, consideration, or service, as found by the	1703
commission, for which in whole or in part such issue is proposed	1704
to be made.	1705

No public utility or railroad shall, without the consent of	1706
the commission, apply any such issue or its proceeds to any	1707
purpose not specified in the order. Such public utilities or	1708
railroads may issue notes for proper corporate purposes, payable	1709
at periods of not more than twelve months, without the consent of	1710
the commission, but no such notes shall, in whole or in part,	1711
directly or indirectly, be refunded by any issue of stocks or	1712
bonds, or by any evidence of indebtedness, running for more than	1713
twelve months, without the consent of the commission.	1714

All stocks, bonds, notes, or other evidence of indebtedness	1715
issued by any public utility or railroad without the permission of	1716
the commission are void. No interstate railroad or public utility	1717
shall be required to apply to the commission for authority to	1718
issue stocks, bonds, notes, or other evidence of indebtedness for	1719
the acquisition of property, the construction, completion,	1720
extension, or improvement of its facilities, or the improvement or	1721
maintenance of its service outside this state, or for authority	1722
for the discharge or refunding of obligations issued or incurred	1723
for such purposes or the reimbursement of moneys actually expended	1724
for such purposes outside this state.	1725

No pipe-line company--when engaged in the business of	1726
transporting oil through pipes or tubing, either wholly or	1727
partly--within this state, shall be required to apply to the	1728
commission for authority to issue stocks, bonds, notes, or other	1729
evidence of indebtedness for the purpose of acquiring or paying	1730
for stocks, bonds, notes, or other evidence of indebtedness of any	1731
other corporation organized under the laws of this state, any	1732
other state, the District of Columbia, the United States, any	1733
territory of the United States, any foreign country, or otherwise.	1734

No company that is both a pipe-line company engaged as such	1735
in the business of transporting natural gas through pipes or	1736
tubing in interstate commerce, wholly or partly within this state,	1737
and a natural gas company engaged as such in this state solely in	1738
the business of supplying natural gas to gas companies or to	1739
natural gas companies shall be required to apply to the commission	1740
for authority to issue stocks, bonds, notes, or other evidence of	1741
indebtedness.	1742

This section does not apply to a telephone company.

1743

Sec. 4905.45.  Public utility or railroad corporations may,	1744
incident to the sale or pledge of bonds, notes, or other	1745
securities owned by them, jointly or severally indorse such	1746
securities and guarantee due payment of them, in any case in which	1747
such indorsement and guarantee is authorized by the public	1748
utilities commission or the interstate commerce commission.	1749

This section does not apply to telephone companies.

1750

Sec. 4905.46. (A) No public utility or railroad shall	1751
declare any stock, bond, or scrip dividend or distribution, or	1752
divide the proceeds of the sale of any stock, bond, or scrip among	1753
its stockholders, unless it is authorized to do so by the public	1754
utilities commission.	1755

(B) No telephone company shall declare any cash, stock, bond,	1756
or scrip dividend or distribution, or divide the proceeds of the	1757
sale of any stock, bond, or scrip among its common or voting	1758
shareholders, while such telephone company is in violation of any	1759
order of the commission, or against which telephone company there	1760
exists a finding of inadequate service, except when the public	1761
utilities commission makes a finding after hearing and notice, as	1762
provided in section 4905.26 of the Revised Code, that such	1763
dividend or distribution will in no way postpone compliance with	1764
any order or affect the adequacy of service rendered or to be	1765
rendered by such telephone company. If a telephone company, while	1766
in violation of any order of the commission, or against which	1767
there exists a finding of inadequate service, desires to declare a	1768
cash dividend or distribution without the consent of the	1769
commission, it shall set aside in a special reserve fund a sum of	1770
money equivalent to the amount necessary to pay the proposed	1771
dividend or distribution, which, while said company is in	1772
violation of said order or against which such finding exists, may	1773
be expended only with the consent of the commissionThis section	1774
does not apply to telephone companies.	1775

Sec. 4905.47.  The public utilities commission shall not	1776
authorize the capitalization of any franchise or right to own,	1777
operate, or enjoy any franchise in excess of the amount, exclusive	1778
of any tax or annual charge, actually paid to any political	1779
subdivision of the state or county as the consideration for the	1780
grant of such franchise or right, nor shall the capital stock of a	1781
public utility or railroad corporation formed by the merger or	1782
consolidation of two or more corporations exceed the sum of the	1783
capital stock of the corporations consolidated or merged, at the	1784
par value of such stock, and such sum or any additional sum	1785
actually paid in cash. No contract for consolidation or lease	1786
shall be capitalized in the stock of any public utility or	1787
railroad corporation, and no such corporation shall issue any	1788
bonds against or as a lien upon any contract for consolidation or	1789
merger. The aggregate amount of the debt of such consolidated	1790
companies by reason of such consolidation shall not be increased.	1791

This section does not apply to telephone companies.

1792

Sec. 4905.51.  Every public utility having any equipment on,	1793
over, or under any street or highway shall, subject to section	1794
4951.04 of the Revised Code, for a reasonable compensation, permit	1795
the use of such equipment by any other public utility whenever the	1796
public utilities commission determines, as provided in section	1797
4905.51 of the Revised Code, that public convenience, welfare, and	1798
necessity require such use or joint use, and that such use or	1799
joint use will not result in irreparable injury to the owner or	1800
other users of such equipment or any substantial detriment to the	1801
service to be rendered by such owners or other users.	1802

In case of failure to agree upon such use or joint use, or	1803
upon the conditions or compensation for such use or joint use, any	1804
public utility may apply to the commission, and if after	1805
investigation the commission ascertains that the public	1806
convenience, welfare, and necessity require such use or joint use	1807
and that it would not result in irreparable injury to the owner or	1808
other users of such property or equipment or in any substantial	1809
detriment to the service to be rendered by such owner or other	1810
users, the commission shall direct that such use or joint use be	1811
permitted and prescribe reasonable conditions and compensation for	1812
such joint use.	1813

Such use or joint use so ordered shall be permitted and such	1814
conditions and compensation so prescribed shall be the lawful	1815
conditions and compensation to be observed, followed, and paid,	1816
subject to recourse to the courts by any interested party as	1817
provided in Chapters 4901., 4903., 4905., 4907., 4909., 4921.,	1818
4923., and 4925.4927. of the Revised Code. The commission may	1819
revoke or revise any such order.	1820

Sec. 4905.52.  No officer, agent, or employee of a railroad	1821
company shall refuse to answer a question propounded to himthe	1822
officer, agent, or employee by a public utilities commissioner in	1823
the course of an examination authorized by Chapters 4901., 4903.,	1824
4905., 4907., 4909., 4921., 4923., and 4925.4927. of the Revised	1825
Code. The property of the railroad company of which such person is	1826
an officer, agent, or employee, is liable to be taken in execution	1827
to satisfy the fines and costs in case of a violation of this	1828
section.	1829

Sec. 4905.58.  All prosecutions against a railroad or	1830
telegraph company, or an officer, agent, or employee thereof,	1831
under Chapters 4901., 4903., 4905., 4907., 4909., 4921., and	1832
4923., and 4925. and other sections of the Revised Code for	1833
penalties involving imprisonment shall be by indictment.	1834

Sec. 4905.59.  If the public utilities commission, the	1835
officer requested by it, or a village solicitor or city director	1836
of law, when the cause of action arises in a municipal	1837
corporation, fails to prosecute a civil action for forfeiture	1838
against a railroad or telegraph company, or an officer, agent, or	1839
employee thereof as provided by law, the prosecuting attorney of	1840
the county in which a cause of action for forfeiture arises, upon	1841
the request of any taxpayer of the county, shall bring such action	1842
if hethe prosecuting attorney is furnished with evidence which	1843
that in histhe prosecuting attorney's judgment will sustain it.	1844
If the action fails, the costs of the action shall be adjudged	1845
against the county.	1846

If a cause of action for forfeiture arises within a municipal	1847
corporation, and the commission, the officer requested by it, or	1848
the prosecuting attorney, fails to prosecute such action, the	1849
village solicitor or city director of law of the municipal	1850
corporation, when required by resolution of the legislative	1851
authority, shall institute the action and prosecute it to final	1852
judgment. If the action fails, the cost of the action shall be	1853
adjudged against the municipal corporation. The time for notice of	1854
appeal and giving a bond does not apply to cases within the	1855
meaning of this section.	1856

Sec. 4905.61.  If any public utility or railroad does, or	1857
causes to be done, any act or thing prohibited by Chapters 4901.,	1858
4903., 4905., 4907., 4909., 4921., 4923., and 4925.4927. of the	1859
Revised Code, or declared to be unlawful, or omits to do any act	1860
or thing required by suchthe provisions of those chapters, or by	1861
order of the public utilities commission, suchthe public utility	1862
or railroad is liable to the person, firm, or corporation injured	1863
thereby in treble the amount of damages sustained in consequence	1864
of suchthe violation, failure, or omission. Any recovery under	1865
this section does not affect a recovery by the state for any	1866
penalty provided for in suchthe chapters.	1867

Sec. 4905.63. CompaniesA company formed to acquire property	1868
or to transact business whichthat would be subject to Chapters	1869
4901., 4903., 4905., 4907., 4909., 4921., 4923., and 4925.4927.	1870
of the Revised Code, and companiesa company owning or possessing	1871
franchises for any of the purposes contemplated in suchthose	1872
chapters, are subject to such chaptersthose chapters' provisions,	1873
although no property has been acquired, no business has been	1874
transacted, or no franchises have been exercised by themthe	1875
company.	1876

Sec. 4905.71.  (A) Every telephone, telegraph, or electric	1877
light company, whichthat is a public utility as defined by	1878
section 4905.02 of the Revised Code, shall permit, upon reasonable	1879
terms and conditions and the payment of reasonable charges, the	1880
attachment of any wire, cable, facility, or apparatus to its	1881
poles, pedestals, or placement of same in conduit duct space, by	1882
any person or entity other than a public utility that is	1883
authorized and has obtained, under law, any necessary public or	1884
private authorization and permission to construct and maintain the	1885
attachment, so long as the attachment does not interfere,	1886
obstruct, or delay the service and operation of the telephone,	1887
telegraph, or electric light company, or create a hazard to	1888
safety. Every such telephone, telegraph, or electric light company	1889
shall file tariffs with the public utilities commission containing	1890
the charges, terms, and conditions established for such use.	1891

(B) The public utilities commission shall regulate the	1892
justness and reasonableness of the charges, terms, and conditions	1893
contained in any such tariff, and may, upon complaint of any	1894
persons in which it appears that reasonable grounds for complaint	1895
are stated, or upon its own initiative, investigate such charges,	1896
terms, and conditions and conduct a hearing to establish just and	1897
reasonable charges, terms, and conditions, and to resolve any	1898
controversy whichthat may arise among the parties as to such	1899
attachment.	1900

Sec. 4905.73.  (A) The public utilities commission, upon	1901
complaint by any person or complaint or initiative of the	1902
commission, has jurisdiction under section 4905.26 of the Revised	1903
Code regarding any violation of division (B) of section 4905.72 of	1904
the Revised Code by a public utility.	1905

(B) Upon complaint or initiative under division (A) of this	1906
section, if the commission finds, after notice and hearing	1907
pursuant to section 4905.26 of the Revised Code, that a public	1908
utility has violated section 4905.72 of the Revised Code, the	1909
commission, by order, shall do all of the following:	1910

(1) Rescind the aggrieved consumer's change in service	1911
provider;	1912

(2) Require the public utility to absolve the aggrieved	1913
consumer of any liability for any charges assessed the consumer,	1914
or refund to the aggrieved consumer any charges collected from the	1915
consumer, by the public utility during the thirty-day period after	1916
the violation or failure to comply occurred or, where appropriate,	1917
during such other period after that occurrence as determined	1918
reasonable by the commission;	1919

(3) Require the public utility to refund or pay to the	1920
aggrieved consumer any fees paid or costs incurred by the consumer	1921
resulting from the change of the consumer's service provider or	1922
providers, or from the resumption of the consumer's service with	1923
the service provider or providers from which the consumer was	1924
switched;	1925

(4) Require the public utility to make the consumer whole	1926
regarding any bonuses or benefits, such as airline mileage or	1927
product discounts, to which the consumer is entitled, by restoring	1928
bonuses or benefits the consumer lost as a result of the violation	1929
or failure to comply and providing bonuses or benefits the	1930
consumer would have earned if not for the violation or failure to	1931
comply, or by providing something of equal value.	1932

(C) In addition to the remedies under division (B) of this	1933
section, if the commission finds, after notice and hearing	1934
pursuant to section 4905.26 of the Revised Code, that a public	1935
utility has violated section 4905.72 of the Revised Code, the	1936
commission, by order, may impose any of the following remedies or	1937
forfeitures:	1938

(1) Require the public utility to comply or undertake any	1939
necessary corrective action;	1940

(2) Require the public utility to compensate the service	1941
provider or providers from which the aggrieved consumer was	1942
switched in the amount of all charges the consumer would have paid	1943
that particular service provider for the same or comparable	1944
service had the violation or failure to comply not occurred;	1945

(3) Require the public utility to compensate the service	1946
provider or providers from which the aggrieved consumer was	1947
switched for any costs that the particular service provider incurs	1948
as a result of making the consumer whole as provided in division	1949
(B)(4) of this section or of effecting the resumption of the	1950
consumer's service;	1951

(4) Assess upon the public utility forfeitures of not more	1952
than one thousand dollars for each day of each violation or	1953
failure to comply. However, if the commission finds that the	1954
public utility has engaged or is engaging in a pattern or practice	1955
of committing any such violations or failures to comply, the	1956
commission may assess upon the public utility forfeitures of not	1957
more than five thousand dollars for each day of each violation or	1958
failure. Any forfeiture collected pursuant to this division shall	1959
be deposited into the state treasury to the credit of the general	1960
revenue fund.	1961

(5) Require the public utility to file with the commission a	1962
security payable to the state in such amount and upon such terms	1963
as the commission determines necessary to ensure compliance and	1964
payment of any forfeitures assessed pursuant to division (C)(4) of	1965
this section;	1966

(6) Rescind the public utility's authority to provide natural	1967
gas service or public telecommunications service within this	1968
state.	1969

(D) Proceedings of the commission pursuant to division (B) or	1970
(C) of this section are governed by Chapter 4903. of the Revised	1971
Code.	1972

(E) The commission may direct the attorney general to	1973
commence an action under section 4905.57 or 4905.60 of the Revised	1974
Code to enforce an order of the commission issued under division	1975
(B) or (C) of this section, including orders assessing	1976
forfeitures. Notwithstanding section 4905.57 of the Revised Code,	1977
an action authorized under this division may be brought in the	1978
court of common pleas of Franklin county or the court of common	1979
pleas of any county in which venue is proper under the Rules of	1980
Civil Procedure.	1981

(F) The remedy available under section 4905.61 of the Revised	1982
Code may be applied to any violation of section 4905.72 of the	1983
Revised Code.	1984

(G) The powers, remedies, forfeitures, and penalties provided	1985
by this section and section 4905.72 and division (D)(C) of section	1986
4905.99 of the Revised Code are in addition to any other power,	1987
remedy, forfeiture, or penalty provided by law.	1988

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

1989

(1) "Telecommunications relay service" means intrastate	1990
transmission services that provide the ability for an individual	1991
who has a hearing or speech impairment to engage in a	1992
communication by wire or radio with a hearing individual in a	1993
manner that is functionally equivalent to the ability of an	1994
individual who does not have a hearing or speech impairment to	1995
communicate using voice communication services by wire or radio.	1996
"Telecommunications relay service" includes services that enable	1997
two-way communication between an individual who uses a	1998
telecommunications device for the deaf or other nonvoice terminal	1999
device and an individual who does not use such a device.	2000

(2) "TRS provider" means an entity selected by the public	2001
utilities commission as the provider of telecommunications relay	2002
service for this state as part of the commission's intrastate	2003
telecommunications relay service program certified pursuant to	2004
federal law.	2005

(B) For the sole purpose of funding telecommunications relay	2006
service, the commission shall, not earlier than January 1, 2009,	2007
impose on and collect from each service provider that is required	2008
under federal law to provide its customers access to	2009
telecommunications relay service an annual assessment to pay for	2010
costs incurred by the TRS provider for providing such service in	2011
Ohio. The commission shall determine the appropriate service	2012
providers to be assessed the telecommunications relay service	2013
costs, including telephone companies as defined in division	2014
(A)(2)(1) of section 4905.03 of the Revised Code, commercial	2015
mobile radio service providers, and providers of advanced services	2016
or internet protocol-enabled services that are competitive with or	2017
functionally equivalent to basic local exchange service as defined	2018
in section 4927.01 of the Revised Code.	2019

(C) The assessment shall be allocated proportionately among	2020
the appropriate service providers using a competitively neutral	2021
formula established by the commission based on the number of	2022
retail intrastate customer access lines or their equivalent. The	2023
commission shall annually reconcile the funds collected with the	2024
actual costs of providing telecommunications relay service when it	2025
issues the assessment and shall either proportionately charge the	2026
service providers for any amounts not sufficient to cover the	2027
actual costs or proportionately credit amounts collected in excess	2028
of the actual costs. The total amount assessed from all service	2029
providers shall not exceed the total telecommunications relay	2030
service costs.	2031

Each service provider that pays the assessment shall be	2032
permitted to recover the cost of the assessment. The method of	2033
recovery may include, but is not limited to, a customer billing	2034
surcharge.	2035

The commission shall deposit the money collected in the	2036
telecommunications relay service fund, which is hereby created in	2037
the state treasury, and shall use the money in that fund solely to	2038
compensate the TRS provider.	2039

(D) The commission shall take such measures as it considers	2040
necessary to protect the confidentiality of information provided	2041
to the commission pursuant to this section by service providers	2042
required to pay the assessment.	2043

(E) The commission may assess a forfeiture of not more than	2044
one thousand dollars on any service provider failing to comply	2045
with this section. Each day's continuance of such failure is a	2046
separate offense. The forfeiture shall be recovered in accordance	2047
with sections 4905.55 to 4905.60 of the Revised Code.	2048

(F) The jurisdiction and authority granted to the commission	2049
by this section is limited to the administration and enforcement	2050
of this section. The commission may adopt such rules as it finds	2051
necessary to carry out this section. The commission shall adopt	2052
rules under section 111.15 of the Revised Code to establish the	2053
assessment amounts and procedures.	2054

Sec. 4905.90.  As used in sections 4905.90 to 4905.96 of the	2055
Revised Code:	2056

(A) "Contiguous property" includes, but is not limited to, a	2057
manufactured home park as defined in section 3733.01 of the	2058
Revised Code; a public or publicly subsidized housing project; an	2059
apartment complex; a condominium complex; a college or university;	2060
an office complex; a shopping center; a hotel; an industrial park;	2061
and a race track.	2062

(B) "Gas" means natural gas, flammable gas, or gas which is	2063
toxic or corrosive.	2064

(C) "Gathering lines" and the "gathering of gas" have the	2065
same meaning as in the Natural Gas Pipeline Safety Act and the	2066
rules adopted by the United States department of transportation	2067
pursuant to the Natural Gas Pipeline Safety Act, including 49	2068
C.F.R. part 192, as amended.	2069

(D) "Intrastate pipe-line transportation" has the same	2070
meaning as in 82 Stat. 720 (1968), 49 U.S.C.A. App. 1671, as	2071
amended, but excludes the gathering of gas exempted by the Natural	2072
Gas Pipeline Safety Act.	2073

(E) "Master-meter system" means a pipe-line system that	2074
distributes gas within a contiguous property for which the system	2075
operator purchases gas for resale to consumers, including tenants.	2076
Such pipe-line system supplies consumers who purchase the gas	2077
directly through a meter, or by paying rent, or by other means.	2078
The term includes a master-meter system as defined in 49 C.F.R.	2079
191.3, as amended. The term excludes a pipeline within a	2080
manufactured home, mobile home, or a building.	2081

(F) "Natural Gas Pipeline Safety Act" means the "Natural Gas	2082
Pipeline Safety Act of 1968," 82 Stat. 720, 49 U.S.C.A. App. 1671	2083
et seq., as amended.	2084

(G) "Operator" means any of the following:

2085

(1) A gas company or natural gas company as defined in	2086
section 4905.03 of the Revised Code, except that division	2087
(A)(6)(5) of that section does not authorize the public utilities	2088
commission to relieve any producer of gas, as a gas company or	2089
natural gas company, of compliance with sections 4905.90 to	2090
4905.96 of the Revised Code or the pipe-line safety code created	2091
under section 4905.91 of the Revised Code;	2092

(2) A pipe-line company, as defined in section 4905.03 of the	2093
Revised Code, when engaged in the business of transporting gas by	2094
pipeline;	2095

(3) A public utility that is excepted from the definition of	2096
"public utility" under division (B) or (C) of section 4905.02 of	2097
the Revised Code, when engaged in supplying or transporting gas by	2098
pipeline within this state;	2099

(4) Any person that owns, operates, manages, controls, or	2100
leases any of the following:	2101

(a) Intrastate pipe-line transportation facilities within	2102
this state;	2103

(b) Gas gathering lines within this state which are not	2104
exempted by the Natural Gas Pipeline Safety Act;	2105

(c) A master-meter system within this state.

2106

"Operator" does not include an ultimate consumer who owns a	2107
service line, as defined in 49 C.F.R. 192.3, as amended, on the	2108
real property of that ultimate consumer.	2109

(H) "Operator of a master-meter system" means a person	2110
described under division (F)(4)(c) of this section. An operator of	2111
a master-meter system is not a public utility under section	2112
4905.02 or a gas or natural gas company under section 4905.03 of	2113
the Revised Code.	2114

(I) "Person" means:

2115

(1) In addition to those defined in division (C) of section	2116
1.59 of the Revised Code, a joint venture or a municipal	2117
corporation;	2118

(2) Any trustee, receiver, assignee, or personal	2119
representative of persons defined in division (H)(1) of this	2120
section.	2121

(J) "Safety audit" means the public utilities commission's	2122
audit of the premises, pipe-line facilities, and the records,	2123
maps, and other relevant documents of a master-meter system to	2124
determine the operator's compliance with sections 4905.90 to	2125
4905.96 of the Revised Code and the pipe-line safety code.	2126

(K) "Safety inspection" means any inspection, survey, or	2127
testing of a master-meter system which is authorized or required	2128
by sections 4905.90 to 4905.96 of the Revised Code and the	2129
pipe-line safety code. The term includes, but is not limited to,	2130
leak surveys, inspection of regulators and critical valves, and	2131
monitoring of cathodic protection systems, where applicable.	2132

(L) "Safety-related condition" means any safety-related	2133
condition defined in 49 C.F.R. 191.23, as amended.	2134

(M) "Total Mcfs of gas it supplied or delivered" means the	2135
sum of the following volumes of gas that an operator supplied or	2136
delivered, measured in units per one thousand cubic feet:	2137

(1) Residential sales;

2138

(2) Commercial and industrial sales;

2139

(3) Other sales to public authorities;

2140

(4) Interdepartmental sales;

2141

(5) Sales for resale;

2142

(6) Transportation of gas.

2143

Sec. 4905.99.  (A) Whoever violates section 4905.52 of the	2144
Revised Code shall be fined not less than fifty nor more than five	2145
hundred dollars.	2146

(B) Whoever violates section 4905.56 of the Revised Code is	2147
guilty of a felony of the fifth degree.	2148

(C) Coincident with the operation of section 4905.78 of the	2149
Revised Code, whoever violates that section is guilty of a	2150
misdemeanor of the fourth degree.	2151

(D) Whoever violates section 4905.74 of the Revised Code is	2152
guilty of a misdemeanor of the third degree.	2153

Sec. 4907.01.  As used in sections 4907.01 to 4907.63,	2154
inclusive, of the Revised Code:	2155

(A) "Public utility" has the same meaning set forthas in	2156
section 4905.02 of the Revised Code.	2157

(B) "Telegraph company," "telephoneTelephone company,"	2158
"electric light company," "gas company," "natural gas company,"	2159
"pipe-line company," "water-works company," "sewage disposal	2160
system company," "heating or cooling company," "messenger	2161
company," "street railway company," "suburban railroad company,"	2162
and "interurban railroad company," and "motor-propelled vehicle"	2163
have the meaning set forthsame meanings as in section 4905.03 of	2164
the Revised Code.	2165

(C) "Railroad" has the same meaning set forthas in section	2166
4907.02 of the Revised Code.	2167

(D) "Motor transportation company," "trailer," "publicPublic	2168
highway," "fixed termini," "regular route," and "irregular route"	2169
havehas the same meaning set forthas in sections 4905.03 and	2170
4921.02 of the Revised Code.	2171

(E) "Private motor carrier," "contract carrier by motor	2172
vehicle," "motor vehicle," and "charter party trip" have the	2173
meaning set forth in section 4923.02 of the Revised Code.	2174

Sec. 4907.14.  Within thirty days after the election of the	2175
directors of a railroad or telegraph company doing business in	2176
this state, the secretary of such companiesthe railroad shall	2177
forward to the public utilities commission a list of the officers	2178
and directors thereof, giving the place of residence and	2179
post-office address of each. If a change occurs in the	2180
organization of the officers or board of directors of a railroad	2181
or telegraph company, the secretary shall notify the commission of	2182
such change and the residence and post-office address of each of	2183
the officers and directors.	2184

Sec. 4907.30.  No railroad company owning or operating a	2185
railroad wholly or partly within this state shall, directly or	2186
indirectly, issue or give a free ticket, free pass, or free	2187
transportation for passengers, except to:	2188

(A) Its employees and their families, its officers, agents,	2189
surgeons, physicians, and attorneys at law;	2190

(B) Ministers of religion, traveling secretaries of railroad	2191
young men's or young women's christianChristian associations,	2192
inmates of hospitals and charitable institutions, and persons	2193
exclusively engaged in charitable work;	2194

(C) Indigent, destitute, and homeless persons, and to such	2195
persons when transported by charitable societies or hospitals, and	2196
the necessary agents employed in such transportation;	2197

(D) Residents of the national homes or state homes for	2198
disabled volunteer soldiers, and residents of veterans' homes,	2199
including those about to enter and those returning home after	2200
discharge, and boards of managers of such homes;	2201

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

2202

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

2203

(G) Line workers of telegraph and telephone companies;

2204

(H) Railway mail service employees, post-office inspectors,	2205
custom inspectors, and immigration inspectors;	2206

(I) News carriers on trains, baggage agents, witnesses	2207
attending any legal investigation in which the railroad is	2208
interested, persons injured in wrecks, and physicians and nurses	2209
attending such persons.	2210

As used in this section, "employee" includes furloughed,	2211
pensioned, and superannuated employees, persons who have become	2212
disabled or infirm in the service of any such common carrier, the	2213
remains of a person killed in the employment of a carrier, and	2214
ex-employees traveling for the purpose of entering the service of	2215
any such common carrier, and "families" includes the families of	2216
such persons and also the surviving spouses and dependent children	2217
of employees who died while in the service of any common carrier.	2218

Sec. 4909.01.  As used in this chapter:

2219

(A) "Public utility" has the same meaning set forthas in	2220
section 4905.02 of the Revised Code.	2221

(B) "Telegraph company," "telephone company," "electric	2222
Electric light company," "gas company," "natural gas company,"	2223
"pipeline company," "water-works company," "sewage disposal system	2224
company," "heating or cooling company," "messenger company,"and	2225
"street railway company," "suburban railroad company," "interurban	2226
railroad company," and "motor-propelled vehicle" have the same	2227
meanings set forthas in section 4905.03 of the Revised Code.	2228

(C) "Railroad" has the same meaning set forthas in section	2229
4907.02 of the Revised Code.	2230

(D) "Motor transportation company" has the same meaning set	2231
forthas in sections 4905.03 and 4921.02 of the Revised Code.	2232

(E) "Trailers," "public highway," "fixed termini," "regular	2233
route," and "irregular route" have the meanings set forth in	2234
section 4921.02 of the Revised Code.	2235

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

Sec. 4909.02.  All regulations, practices, and service of	2239
railroad companies and telegraph companies prescribed by the	2240
public utilities commission shall be in force and be prima-facie	2241
reasonable, unless suspended or found otherwise in an action	2242
brought for that purpose pursuant to Chapters 4901., 4903., 4905.,	2243
4907., 4909., 4921., and 4923. of the Revised Code, or until	2244
changed or modified by the commission.	2245

Sec. 4909.03.  All rates, fares, charges, classifications,	2246
and joint rates of railroad companies and telegraph companies	2247
fixed by the public utilities commission shall be in force and be	2248
prima-facie lawful for two years from the day they take effect, or	2249
until changed or modified by the commission or by an order of a	2250
competent court in an action under Chapters 4901., 4903., 4905.,	2251
4907., 4909., 4921., and 4923., and 4925. of the Revised Code.	2252

Sec. 4909.17.  No rate, joint rate, toll, classification,	2253
charge, or rental, no change in any rate, joint rate, toll,	2254
classification, charge, or rental, and no regulation or practice	2255
affecting any rate, joint rate, toll, classification, charge, or	2256
rental of a public utility shall become effective until the public	2257
utilities commission, by order, determines it to be just and	2258
reasonable, except as provided in this section and sections	2259
4909.18 and 4909.19 of the Revised Code. Such sections do not	2260
apply to any rate, joint rate, toll, classification, charge, or	2261
rental, or any regulation or practice affecting the same, of	2262
railroads, street and electric railways, motor transportation	2263
companies, telegraph companies, and pipe line companies. Any	2264
change of any rate, joint rate, toll, classification, charge, or	2265
rental, or any regulation or practice affecting the same, of	2266
telegraph companies, may be made in the same manner as such	2267
changes may be made by railroad companies. All laws respecting	2268
such changes by railroad companies apply to such changes by	2269
telegraph companies.	2270

Sec. 4911.01.  As used in this chapter:

2271

(A) "Public utility" means every one as defined in divisions	2272
(A)(1), (2)(3), (4), (5), (6), (7), (8), (9), and (14)(13) of	2273
section 4905.03 of the Revised Code, including all public	2274
utilities that operatingoperate their utilities not for profit,	2275
except the following:	2276

(1) Electric light companies that operate their utilities not	2277
for profit;	2278

(2) Public utilities, other than telephone companies, that	2279
are owned and operated exclusively by and solely for the	2280
utilities' customers;	2281

(3) Public utilities that are owned or operated by any	2282
municipal corporation;	2283

(4) Railroads as defined in sections 4907.02 and 4907.03 of	2284
the Revised Code.	2285

(B) "Residential consumer" means urban, suburban, and rural	2286
patrons of public utilities insofar as their needs for utility	2287
services are limited to their residence.	2288

Sec. 4921.01.  As used in sections 4921.01 to 4921.32,	2289
inclusive, of the Revised Code:	2290

(A) "Public utility" has the same meaning set forthas in	2291
section 4905.02 of the Revised Code.	2292

(B) "Telegraph company," "telephone company," "electric light	2293
company," "gas company," "natural gas company," "pipe-line	2294
company," "water-works company," "sewage disposal system company,"	2295
"heating or cooling company," "messenger company," "streetStreet	2296
railway company," "suburban railroad company," "interurban	2297
railroad company," and "motor-propelled vehicle" have the meaning	2298
set forthsame meanings as in section 4905.03 of the Revised Code.	2299

(C) "Railroad" has the same meaning set forthas in section	2300
4907.02 of the Revised Code.	2301

(D) "Motor transportation company" has the same meaning set	2302
forthas in sections 4905.03 and 4921.02 of the Revised Code.	2303

(E) "Private motor carrier," "contract carrier by motor	2304
vehicle," "motor vehicle," and "charter party trip" have the	2305
meaning set forthsame meanings as in section 4923.02 of the	2306
Revised Code.	2307

Sec. 4923.01.  As used in sections 4923.01 to 4923.17,	2308
inclusive, of the Revised Code:	2309

(A) "Public utility" has the same meaning set forthas in	2310
section 4905.02 of the Revised Code.	2311

(B) "Telegraph company," "telephone company," "electric light	2312
company," "gas company," "natural gas company," "pipe-line	2313
company," "water-works company," "sewage disposal system company,"	2314
"heating or cooling company," "messenger company," "street railway	2315
company," "suburban railroad company," "interurban railroad	2316
company," and "motor-propelledMotor-propelled vehicle" havehas	2317
the same meaning set forthas in section 4905.03 of the Revised	2318
Code.	2319

(C) "Railroad" has the meaning set forth in section 4907.02	2320
of the Revised Code.	2321

(D) "Motor transportation company" has the same meaning set	2322
forthas in sections 4905.03 and 4921.02 of the Revised Code.	2323

(E)(D) "Trailer," "public highway," "fixed termini,"and	2324
"regular route," and "irregular route" have the meaning set forth	2325
same meanings as in section 4921.02 of the Revised Code.	2326

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

2327

(A)(1) "Basic local exchange service" means:

2328

(1) Endresidential-end-user access to and usage of	2329
telephone-company-provided services over a single line or	2330
small-business-end-user access to and usage of	2331
telephone-company-provided services over the primary access line	2332
of service, which in the case of residential and small-business	2333
access and usage is not part of a bundle or package of services,	2334
that enabledoes both of the following:	2335

(a) Enables a customer, over the primary line serving the	2336
customer's premises, to originate or receive voice communications	2337
within a local service area, and that consistas that area exists	2338
on the effective date of the amendment of this section by S.B. 162	2339
of the 128th general assembly;	2340

(b) Consists of all of the following services:

2341

(a)(i) Local dial tone service;

2342

(b)(ii) For residential end users, flat-rate telephone	2343
exchange service;	2344

(iii) Touch tone dialing service;

2345

(c)(iv) Access to and usage of 9-1-1 services, where such	2346
services are available;	2347

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

2348

(e)(vi) Provision of a telephone directory in any reasonable	2349
format for no additional charge and a listing in that directory,	2350
with reasonable accommodations made for private listings;	2351

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

2352

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

2353

(h)(ix) Access to toll presubscription, interexchange or toll	2354
providers or both, and networks of other telephone companies.	2355

(2) "Bundle or package of services" means one or more	2356
telecommunications services or other services offered together as	2357
one service option at a single price.	2358

(3) "Carrier access" means access to and usage of telephone	2359
company-provided facilities that enable end user customers	2360
originating or receiving voice grade, data, or image	2361
communications, over a local exchange telephone company network	2362
operated within a local service area, to access interexchange or	2363
other networks and includes special access.	2364

(B) "Cable television service" means any transmission of	2365
video or other programming service to subscribers and any	2366
subscriber interaction required for the selection of that video or	2367
other programming service.	2368

(C)(4) "Federal poverty level" means the income level	2369
represented by the poverty guidelines as revised annually by the	2370
United States department of health and human services in	2371
accordance with section 673(2) of the "Omnibus Reconciliation Act	2372
of 1981," 95 Stat. 511, 42 U.S.C. 9902, as amended, for a family	2373
size equal to the size of the family of the person whose income is	2374
being determined.	2375

(5) "Incumbent local exchange carrier" means, with respect to	2376
an area, the local exchange carrier that:	2377

(a) On February 8, 1996, provided telephone exchange service	2378
in such area; and	2379

(b)(i) On February 8, 1996, was deemed to be a member of the	2380
exchange carrier association pursuant to 47 C.F.R. 69.601(b); or	2381

(ii) Is a person or entity that, on or after February 8,	2382
1996, became a successor or assign of a member described in	2383
division (A)(5)(b)(i) of this section.	2384

(6) "Internet protocol-enabled services" means any services,	2385
capabilities, functionalities, or applications that are provided	2386
using internet protocol or a successor protocol to enable an end	2387
user to send or receive data, video, or voice communications in	2388
internet protocol format or a successor format, regardless of how	2389
any particular such service is classified by the federal	2390
communications commission, and includes voice over internet	2391
protocol service.	2392

(7) "Local service area" means the geographic area that may	2393
encompass more than one exchange area and within which a telephone	2394
customer, by paying the rate for basic local exchange service, may	2395
complete a callcalls to anotherother telephone customer without	2396
being assessed long distance toll chargescustomers at no	2397
additional charge.	2398

(D) "Public telecommunications service" means the	2399
transmission by a telephone company, by electromagnetic or other	2400
means, of signs, signals, writings, images, sounds, messages, or	2401
data originating and terminating in this state regardless of	2402
actual call routing, but does not include a system, including its	2403
construction, maintenance, or operation, for the provision of	2404
telecommunications service, or any portion of such service, by any	2405
entity for the sole and exclusive use of that entity, its parent,	2406
a subsidiary, or an affiliated entity, and not for resale,	2407
directly or indirectly; the provision of terminal equipment used	2408
to originate or terminate telecommunications service; broadcast	2409
transmission by radio, television, or satellite broadcast stations	2410
regulated by the federal government; or cable television service.	2411

(E)(8) "Small business" mean a nonresidential service	2412
customer with three or fewer basic local exchange service access	2413
lines.	2414

(9) "Telecommunications" means the transmission, between or	2415
among points specified by the user, of information of the user's	2416
choosing, without change in the form or content of the information	2417
as sent and received.	2418

(10) "Telecommunications carrier" has the same meaning as in	2419
the "Telecommunications Act of 1996," 110 Stat. 60, 47 U.S.C. 153.	2420

(11) "Telecommunications service" means the offering of	2421
telecommunications for a fee directly to the public, or to such	2422
classes of users as to be effectively available directly to the	2423
public, regardless of the facilities used.	2424

(12) "Telephone company" means anya company described in	2425
division (A)(2)(1) of section 4905.03 of the Revised Code that is	2426
a public utility under section 4905.02 of the Revised Code.	2427

(13) "Telephone exchange service" means telecommunications	2428
service that is within a telephone exchange, or within a connected	2429
system of telephone exchanges within the same exchange area	2430
operated to furnish to subscribers intercommunicating service of	2431
the character ordinarily furnished by a single exchange, and that	2432
is covered by the exchange service charge; or comparable service	2433
provided through a system of switches, transmission equipment, or	2434
other facilities, or combination thereof, by which a customer can	2435
originate and terminate a telecommunications service.	2436

(14) "Telephone toll service" means telephone service between	2437
stations in different exchange areas for which there is made a	2438
separate charge not included in contracts with customers for	2439
exchange service.	2440

(15) "Voice over internet protocol service" means a service	2441
that uses a broadband connection from an end user's location and	2442
enables real-time, two-way, voice communications that originate or	2443
terminate from the user's location using internet protocol or a	2444
successor protocol, including, but not limited to, any such	2445
service that permits an end user to receive calls from and	2446
terminate calls to the public switched network.	2447

(16) "Wireless service" means federally licensed commercial	2448
mobile service as defined in the "Telecommunications Act of 1996,"	2449
110 Stat. 61, 151, 153, 47 U.S.C. 332(d) and further defined as	2450
commercial mobile radio service in 47 C.F.R. 20.3. Under division	2451
(A)(15) of this section, commercial mobile radio service is	2452
specifically limited to mobile telephone, mobile cellular	2453
telephone, paging, personal communications services, and	2454
specialized mobile radio service provided by a common carrier in	2455
this state and excludes fixed wireless service.	2456

(17) "Wireless service provider" means a facilities-based	2457
provider of wireless service to one or more end users in this	2458
state.	2459

(B) The definitions of this section shall be applied	2460
consistent with the definitions in the "Telecommunications Act of	2461
1996," 110 Stat. 56, 47 U.S.C. 151, et seq., as amended, and with	2462
federal decisions interpreting those definitions.	2463

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

2464

(1) Ensure the availability of adequate basic local exchange	2465
service to citizens throughout the state;	2466

(2) Provide incentives for competing providers of	2467
telecommunications service to provide advanced, high-quality	2468
telecommunications service to citizens throughout the state;	2469

(3) Rely primarily on market forces, where they are present	2470
and capable of supporting a healthy and sustainable, competitive	2471
telecommunications marketexist, to maintain just and reasonable	2472
rates, rentals, tolls, and charges for public telecommunications	2473
service levels for telecommunications services at reasonable	2474
rates;	2475

(3)(4) Encourage innovation in the telecommunications	2476
industry and the deployment of advanced telecommunications	2477
services;	2478

(4)(5) Create a regulatory climate that provides incentives	2479
to create and maintain high technology jobs for Ohioans;	2480

(6) Promote diversity and options in the supply of public	2481
telecommunications services and equipment throughout the state;	2482

(5)(7) Recognize the continuing emergence of a competitive	2483
telecommunications environment through flexible regulatory	2484
treatment of public telecommunications services where appropriate;	2485

(6)(8) Consider the regulatory treatment of competing and	2486
functionally equivalent services in determining the scope ofand,	2487
to the extent practicable, provide for equivalent regulation of	2488
all telephone companies and services that are subject to the	2489
jurisdiction of the public utilities commission;	2490

(7)(9) Not unduly favor or advantage any provider and not	2491
unduly disadvantage providers of competing and functionally	2492
equivalent services; and	2493

(8)(10) Protect the affordability of telephone service for	2494
low-income subscribers through the continuation of federal	2495
lifeline assistance programs.	2496

(B) The public utilities commission shall consider the policy	2497
set forth in this section in carrying out sections 4927.03 and	2498
4927.04 of the Revised Code and in reducing or eliminating the	2499
regulation of telephone companies under those sections as to any	2500
public telecommunications servicethis chapter.	2501

Sec. 4927.03. (A) With respect to internet protocol-enabled	2502
services, including voice over internet protocol service, the	2503
public utilities commission has jurisdiction to act consistent	2504
with section 4905.042 of the Revised Code, including performing	2505
the acts of a state commission, as defined in 47 U.S.C. 153, under	2506
federal law, and including adjudication of disputes between	2507
telephone companies and providers of internet protocol-enabled	2508
services, including voice over internet protocol service, under	2509
section 4927.19 of the Revised Code.	2510

(B) The commission has no authority over a telecommunications	2511
service that is not commercially available on the effective date	2512
of this section and that employs technology that became available	2513
for commercial use only after the effective date of this section,	2514
unless the commission, upon a finding that the exercise of that	2515
jurisdiction is necessary for the protection, welfare, and safety	2516
of the public, adopts rules specifying the necessary regulation. A	2517
consumer purchase of a service that is not commercially available	2518
on the effective date of this section and that employs technology	2519
that became available for commercial use only after the effective	2520
date of this section shall constitute a consumer transaction for	2521
purposes of sections 1345.01 to 1345.13 of the Revised Code,	2522
notwithstanding any provision of those sections to the contrary,	2523
unless the commission exercises jurisdiction over the service in	2524
accordance with this division.	2525

(C)(1) The commission has no authority over wireless service,	2526
resellers of wireless service, or wireless service providers,	2527
except as follows:	2528

(a) As provided under sections 4905.84, 4931.40 to 4931.70,	2529
and 4931.99 of the Revised Code;	2530

(b) With respect to division (C) of section 4927.13 of the	2531
Revised Code;	2532

(c) As provided in divisions (C)(2), (3), and (4) of this	2533
section.	2534

(2) The commission has authority over wireless service and	2535
wireless service providers as follows, but only to the extent	2536
authorized by federal law, including federal regulations:	2537

(a) To the extent that the commission carries out the acts	2538
described in divisions (A), (B), (C), (D), and (F) of section	2539
4927.04 of the Revised Code;	2540

(b) As provided in sections 4927.05, 4927.18, and 4927.19 of	2541
the Revised Code.	2542

(3) The requirements of sections 4905.10, 4905.14, and	2543
4911.18 of the Revised Code shall apply to a wireless service	2544
provider.	2545

(4) The commission has such authority as is necessary to	2546
enforce the sections listed in division (C) of this section.	2547

(D) For purposes of sections 4927.01 to 4927.19 of the	2548
Revised Code, sections 4903.02, 4903.03, 4903.24, 4903.25,	2549
4905.04, 4905.05, 4905.06, 4905.13, 4905.15, 4905.16, 4905.17,	2550
4905.22, 4905.26, 4905.27, 4905.28, 4905.29, 4905.31, 4905.32,	2551
4905.33, 4905.35, 4905.37, 4905.38, 4905.39, 4905.48, 4905.54,	2552
4905.55, 4905.56, and 4905.60 of the Revised Code do not apply to	2553
a telephone company or, as applicable, to an officer, employee, or	2554
agent of such company or provider, except to the extent necessary	2555
for the commission to carry out sections 4927.01 to 4927.19 of the	2556
Revised Code.	2557

(E) Except as specifically authorized in sections 4927.01 to	2558
4927.19 of the Revised Code, the commission has no authority over	2559
the quality of service and the service rates, terms, and	2560
conditions of telecommunications service provided to end users by	2561
a telephone company.	2562

(F) The commission shall initially adopt the rules required	2563
by this chapter not later than one hundred twenty days after the	2564
effective date of this section. Subject to the authority granted	2565
to the commission under this chapter, the commission may adopt	2566
other rules, including rules regarding the removal from tariffs of	2567
services that were required to be filed in tariffs prior to the	2568
effective date of this section, as it finds necessary to carry out	2569
this chapter.	2570

Sec. 4927.04. The public utilities commission has such power	2571
and jurisdiction as is reasonably necessary for it to perform the	2572
obligations authorized by or delegated to it under federal law,	2573
including federal regulations, which obligations include	2574
performing the acts of a state commission as defined in the	2575
"Communications Act of 1934," 48 Stat. 1064, 47 U.S.C. 153, as	2576
amended, and include, but are not limited to, carrying out any of	2577
the following:	2578

(A) Rights and obligations under the "Telecommunications Act	2579
of 1996," 110 Stat. 56, 47 U.S.C. 251, as amended;	2580

(B) Authority to mediate and arbitrate disputes and approve	2581
agreements under the "Telecommunications Act of 1996," 110 Stat.	2582
56, 47 U.S.C. 252, as amended;	2583

(C) Administration of telephone numbers and number	2584
portability;	2585

(D) Certification of telecommunications carriers eligible for	2586
universal-service funding under 47 U.S.C. 214(e);	2587

(E) Administration of truth-in-billing;

2588

(F) Administration of customer proprietary network	2589
information under 47 U.S.C. 222 and federal regulations adopted	2590
thereunder;	2591

(G) Outage reporting consistent with federal requirements.

2592

The commission has power and jurisdiction under this section	2593
over a telecommunications carrier to the extent necessary to	2594
perform the obligations described in this section. Nothing in this	2595
chapter limits the commission's authority under the	2596
"Telecommunications Act of 1996," 110 Stat. 56, 47 U.S.C. 151, et	2597
seq., as amended.	2598

Sec. 4927.05.  (A)(1) No telephone company shall operate in	2599
this state without first obtaining a certificate from the public	2600
utilities commission, and no wireless service provider shall	2601
operate in this state without first being registered with the	2602
commission. A telephone company not holding such a certificate on	2603
the effective date of this section, or a wireless service provider	2604
not so registered on that date, shall file, respectively, a	2605
certification application or registration with the commission,	2606
each in the manner set forth in rules adopted by the commission.	2607
The application or registration shall include all of the	2608
following:	2609

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

2610

(b) The name of a contact person and that person's contact	2611
information;	2612

(c) A service description, including the general geographic	2613
areas served, but not maps of service areas;	2614

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

2615

(e) Evidence of notice to the public utilities tax division	2616
of the department of taxation of the company's or provider's	2617
intent to provide service;	2618

(f) As to a certification application, evidence of financial,	2619
technical, and managerial ability to provide adequate service to	2620
the public consistent with law.	2621

Division (A)(1) of this section does not apply to any	2622
incumbent local exchange carrier with respect to its geographic	2623
service area as that area existed on the effective date of this	2624
section.	2625

(2) The commission may suspend or reject the certification	2626
application of a telephone company if it finds, within thirty days	2627
after the application's submission and based on the evidence	2628
provided under division (A)(1)(f) of this section, that the	2629
applicant lacks financial, technical, or managerial ability	2630
sufficient to provide adequate service to the public consistent	2631
with law.	2632

(B) If any of the filed information described in divisions	2633
(A)(1)(a) to (f) of this section changes, a telephone company	2634
shall update its certification and provide any necessary notice to	2635
customers, and a wireless service provider shall update its	2636
registration. The commission shall adopt rules governing the	2637
requirements of this division.	2638

Sec. 4927.06.  (A) No telephone company shall commit any	2639
unfair or deceptive act or practice in connection with the	2640
offering or provision of any telecommunications service in this	2641
state. A failure to comply with any of the following requirements	2642
shall constitute an unfair or deceptive act or practice by a	2643
telephone company:	2644

(1) Any communication by the company, including, but not	2645
limited to, a solicitation, offer, or contract term or condition,	2646
shall be truthful, clear, conspicuous, and accurate in disclosing	2647
any material terms and conditions of service and any material	2648
exclusions or limitations. This requirement does not apply where	2649
it is not practicable to include that information. The public	2650
utilities commission may review circumstances to determine when	2651
meeting this requirement is not practicable and may prescribe such	2652
circumstances in rule.	2653

(2) Any written service solicitation, marketing material,	2654
offer, contract, or agreement, as well as any written response	2655
from the company to a service-related inquiry or complaint that	2656
the company receives from a customer or others, shall disclose the	2657
company's name and contact information. This requirement does not	2658
apply where it is not practicable to include that information. The	2659
commission may review circumstances to determine when meeting this	2660
requirement is not practicable and may prescribe such	2661
circumstances in rule.	2662

(3) The company shall inform its customers, as applicable and	2663
in any reasonable manner, of their rights and responsibilities	2664
concerning inside wire, the repair and maintenance of	2665
customer-owned equipment, and the use of a network interface	2666
device, and of any charges that the company imposes for a	2667
diagnostic visit, consistent with rules adopted by the public	2668
utilities commission.	2669

(4) The company shall not commit any act, practice, or	2670
omission that the commission determines, by rulemaking under	2671
section 4927.03 of the Revised Code or adjudication under section	2672
4927.19 of the Revised Code, constitutes an unfair or deceptive	2673
act or practice in connection with the offering or provision of	2674
telecommunications service in this state.	2675

(B) The commission shall provide notice to all telephone	2676
companies specifying any act, practice, or omission that it	2677
prescribes pursuant to division (A)(4) of this section. No	2678
telephone company is liable for any act, practice, or omission	2679
absent that notice and adequate time for implementation.	2680

(C) This section does not apply to wireless service. A	2681
consumer purchase of wireless service or a related product shall	2682
constitute a consumer transaction for purposes of sections 1345.01	2683
to 1345.13 of the Revised Code, notwithstanding any provision of	2684
those sections to the contrary.	2685

Sec. 4927.07.  (A) A telephone company may withdraw any	2686
telecommunications service if it gives at least thirty days' prior	2687
notice to the public utilities commission and to its affected	2688
customers.	2689

(B) A telephone company may abandon entirely	2690
telecommunications service in this state if it gives at least	2691
thirty days' prior notice to the commission, to its wholesale and	2692
retail customers, and to any telephone company wholesale provider	2693
of its services.	2694

(C) Divisions (A) and (B) of this section do not apply to any	2695
of the following:	2696

(1) Basic local exchange service provided by an incumbent	2697
local exchange carrier;	2698

(2) Pole attachments under section 4905.71 of the Revised	2699
Code;	2700

(3) Conduit occupancy under section 4905.71 of the Revised	2701
Code;	2702

(4) Interconnection and resale agreements approved under the	2703
"Telecommunications Act of 1996," 110 Stat. 56, 47 U.S.C. 151, et	2704
seq., as amended.	2705

(D) An incumbent local exchange carrier may not withdraw or	2706
abandon basic local exchange service.	2707

(E) A telephone company may not, without first filing a	2708
request with the commission and obtaining commission approval,	2709
withdraw any tariff filed with the commission for pole attachments	2710
or conduit occupancy under section 4905.71 of the Revised Code or	2711
abandon service provided under that section.	2712

Sec. 4927.08.  (A) A telephone company providing basic local	2713
exchange service shall conduct its operations so as to ensure that	2714
the service is available, adequate, and reliable, consistent with	2715
applicable industry standards.	2716

(B) The public utilities commission shall adopt rules	2717
prescribing the following standards for the provision of basic	2718
local exchange service, and shall adopt no other rules regarding	2719
that service except as expressly authorized in this chapter:	2720

(1) Basic local exchange service shall be installed within	2721
five business days of the receipt by a telephone company of a	2722
completed application for that service.	2723

(2) A basic local exchange service outage or	2724
service-affecting problem shall be repaired within seventy-two	2725
hours after it is reported to the telephone company. If a basic	2726
local exchange service outage is not caused by the customer, is	2727
reported to the telephone company by the customer, and lasts more	2728
than seventy-two hours, the telephone company shall credit the	2729
customer in the amount of one month's charges for basic local	2730
exchange service.	2731

(3) No telephone company shall establish a due date earlier	2732
than fourteen consecutive days after the date the bill is	2733
postmarked or the billing date on the bill, whichever is later,	2734
for a bill for basic local exchange service provided to end users.	2735

(4) A telephone company may disconnect basic local exchange	2736
service for nonpayment of any amount past due on a billed account	2737
not earlier than fourteen days after the due date of the	2738
customer's bill, provided that the customer is given notice of the	2739
disconnection seven days before the disconnection.	2740

(5) Reconnection of service previously disconnected for	2741
nonpayment shall be completed not later than three business days	2742
after the receipt of payment in full by the telephone company of	2743
the amount owed.	2744

(6) A telephone company may require a deposit, not to exceed	2745
two hundred thirty per cent of a reasonable estimate of one	2746
month's service charges, for the installation of basic local	2747
exchange service for any person that it determines, in its	2748
discretion, is not creditworthy.	2749

(7) If residential basic local exchange service is	2750
disconnected for nonpayment, a telephone company shall maintain	2751
the customer's access to 9-1-1 service for a period of at least	2752
fourteen days following the disconnection.	2753

(8) If a customer disconnected for nonpayment of past due	2754
charges enters into a mutually agreed-upon payment arrangement, a	2755
telephone company shall, upon request, reconnect that customer to	2756
basic local exchange service, without requiring the payment of the	2757
full amount due.	2758

(C) The rules described in division (B) of this section shall	2759
provide for a waiver of the standards described in that division	2760
in circumstances determined appropriate by the commission.	2761

Sec. 4927.09.  (A) Except as otherwise provided in this	2762
section, an incumbent local exchange carrier shall provide basic	2763
local exchange service to all persons or entities in its service	2764
area requesting that service, and that service shall be provided	2765
on a reasonable and nondiscriminatory basis.	2766

(B)(1) An incumbent local exchange carrier is not obligated	2767
to construct facilities and provide basic local exchange service,	2768
or any other telecommunications service, to the occupants of	2769
multitenant real estate, including, but not limited to,	2770
apartments, condominiums, subdivisions, office buildings, or	2771
office parks, if the owner, operator, or developer of the	2772
multitenant real estate does any of the following to the benefit	2773
of any other telecommunications service provider:	2774

(a) Permits only one provider of telecommunications service	2775
to install the company's facilities or equipment during the	2776
construction or development phase of the multitenant real estate;	2777

(b) Accepts or agrees to accept incentives or rewards that	2778
are offered by a telecommunications service provider to the owner,	2779
operator, developer, or occupants of the multitenant real estate	2780
and are contingent on the provision of telecommunications service	2781
by that provider to the occupants, to the exclusion of services	2782
provided by other telecommunications service providers;	2783

(c) Collects from the occupants of the multitenant real	2784
estate any charges for the provision of telecommunications service	2785
to the occupants, including charges collected through rents, fees,	2786
or dues.	2787

(2) A carrier not obligated to construct facilities and	2788
provide basic local exchange service pursuant to division (B)(1)	2789
of this section shall notify the public utilities commission of	2790
that fact within one hundred twenty days of receiving knowledge	2791
thereof.	2792

(3) The commission by rule may establish a process for	2793
determining a necessary successor telephone company to provide	2794
service to real estate described in division (B)(1) of this	2795
section when the circumstances described in that division cease to	2796
exist.	2797

(4) An incumbent local exchange carrier that receives a	2798
request from any person or entity to provide service under the	2799
circumstances described in division (B)(1) of this section shall,	2800
within fifteen days of such receipt, provide notice to the person	2801
or entity specifying whether the carrier will provide the	2802
requested service. If the carrier provides notice that it will not	2803
serve the person or entity, the notice shall describe the person's	2804
or entity's right to file a complaint with the commission under	2805
section 4927.19 of the Revised Code within thirty days after	2806
receipt of the notice. In resolving any such complaint, the	2807
commission's determination shall be limited to whether any	2808
circumstance described in divisions (B)(1)(a) to (c) of this	2809
section exists. Upon a finding by the commission that such a	2810
circumstance exists, the complaint shall be dismissed. Upon a	2811
finding that such circumstances do not exist, the person's or	2812
entity's sole remedy shall be provision by the carrier of the	2813
requested service within a reasonable time.	2814

(C) An incumbent local exchange carrier may apply to the	2815
commission for a waiver from compliance with division (A) of this	2816
section. The incumbent local exchange carrier applying for the	2817
waiver shall, within a time period specified in rules adopted by	2818
the commission, notify any persons or entities in its service area	2819
of the application. The commission shall afford such persons or	2820
entities a reasonable opportunity to comment to the commission on	2821
the application. After a reasonable opportunity to comment has	2822
been provided, but not later than ninety days after the	2823
application is filed, the commission either shall issue an order	2824
granting the waiver if, upon investigation, it finds the waiver to	2825
be just, reasonable, and not contrary to the public interest, or	2826
shall issue an order denying the waiver based on a failure to meet	2827
those standards and specifying the reasons for the denial.	2828

Sec. 4927.10.  (A) As used in this section, "exchange area"	2829
means a geographical service area established by an incumbent	2830
local exchange carrier and approved by the public utilities	2831
commission.	2832

(B)(1) Except as provided in division (B)(2) of this section,	2833
and only once during the first twelve months following the	2834
effective date of this section and upon not less than thirty days'	2835
notice to the commission and to affected customers, an incumbent	2836
local exchange carrier, other than the type described in division	2837
(D) of this section, may alter its rates for basic local exchange	2838
service, after meeting the requirements of division (C) of this	2839
section if the alteration is upward, but in no event may the	2840
carrier alter the rates upward by more than the amount authorized	2841
for an annual increase in the rate for basic local exchange	2842
service by division (A) of rule 4901:1-4-11 of the Ohio	2843
Administrative Code as that rule existed on the effective date of	2844
this section.	2845

(2) If the incumbent local exchange carrier increased its	2846
rates for basic local exchange service within twelve months prior	2847
to the effective date of this section, any upward alteration of	2848
those rates made under division (B)(1) of this section shall not	2849
be instituted until twelve months after the date of the prior	2850
increase.	2851

(3) In subsequent years and upon not less than thirty days'	2852
notice to the commission and to affected customers, an incumbent	2853
local exchange carrier, other than the type described in division	2854
(D) of this section, may alter its rates for basic local exchange	2855
service, but in no event may the carrier alter the rates upward	2856
above the basic local exchange service rate in effect at the end	2857
of the preceding twelve-month period by more than the amount	2858
authorized for an annual increase in the rate for basic local	2859
exchange service by division (A) of rule 4901:1-4-11 of the Ohio	2860
Administrative Code as that rule existed on the effective date of	2861
this section. An incumbent local exchange carrier seeking to alter	2862
its rates for basic local exchange service upward under this	2863
division shall first meet the requirements of division (C) of this	2864
section if it did not alter its rates for basic local exchange	2865
service upward under division (B)(1) of this section and if it has	2866
not previously sought an upward alteration of its rates for basic	2867
local exchange service under this division. No banking of	2868
permissible upward rate alterations is permitted.	2869

(C)(1) No incumbent local exchange carrier may alter its	2870
rates for basic local exchange service upward for an exchange area	2871
under division (B)(1) of this section, or under division (B)(3) of	2872
this section if it did not alter its rates for basic local	2873
exchange service upward under division (B)(1) of this section and	2874
if it had not previously sought an upward alteration of its rates	2875
for basic local exchange service under division (B)(3) of this	2876
section, unless it first applies to the commission and the	2877
commission determines that the application demonstrates either of	2878
the following:	2879

(a) That the commission has made a prior determination that	2880
the exchange area qualified for alternative regulation of basic	2881
local exchange service under Chapter 4901:1-4 of the Ohio	2882
Administrative Code as that chapter existed on the effective date	2883
of this section;	2884

(b) That two or more alternative providers offer, in the	2885
exchange area, competing service to the basic local exchange	2886
service offered by an incumbent local exchange carrier in the	2887
exchange area, regardless of the technology and facilities used by	2888
the alternative provider, the alternative provider's location, and	2889
the extent of the alternative provider's service area within the	2890
exchange area. An alternative provider includes a telephone	2891
company, including a wireless service provider, a	2892
telecommunications carrier, and a provider of internet	2893
protocol-enabled services, including voice over internet protocol.	2894

(2) Upon the filing of an application under division (C)(1)	2895
of this section, the commission shall be deemed to have found that	2896
the application meets the requirements of division (C)(1) of this	2897
section unless the commission, within thirty days after the filing	2898
of the application, issues an order finding that the requirements	2899
have not been met.	2900

(D) At any time and upon not less than thirty days' notice to	2902
the commission and to affected customers, an incumbent local	2903
exchange carrier owned and operated exclusively by and solely for	2904
its customers may alter its rates for basic local exchange service	2905
by any amount.	2906

(E) The rates, terms, and conditions for basic local exchange	2907
service and for installation and reconnection fees for basic local	2908
exchange service shall be tariffed in the manner prescribed by	2909
rule adopted by the commission.	2910

Sec. 4927.11.  (A) An incumbent local exchange carrier that	2911
is an eligible telecommunications carrier under 47 C.F.R. 54.201	2912
shall implement lifeline service throughout the carrier's	2913
traditional service area for its eligible residential customers.	2914

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

2915

(a) Flat-rate, monthly, primary access line service with	2916
touch-tone service, at a recurring discount to the monthly basic	2917
local exchange service rate that provides for the maximum	2918
contribution of federally available assistance;	2919

(b) Not more than once per customer at a single address in a	2920
twelve-month period, a waiver of all nonrecurring service order	2921
charges for establishing service;	2922

(c) Free blocking of toll service, 900 service, and 976	2923
service.	2924

The carrier may offer to lifeline service customers any other	2925
services and bundles or packages of services at the prevailing	2926
prices, less the lifeline discount.	2927

(2) The carrier also shall offer special payment arrangements	2928
to lifeline service customers that have past due bills for	2929
regulated local service charges, with the initial payment not to	2930
exceed twenty-five dollars before service is installed, and the	2931
balance for regulated local service charges to be paid over six,	2932
equal, monthly payments. Lifeline service customers with past due	2933
bills for toll service charges shall have toll restricted service	2934
until the past due toll service charges have been paid or until	2935
the customer establishes service with another toll service	2936
provider.	2937

(3)(a) Every incumbent local exchange carrier required to	2938
implement lifeline service under division (A) of this section	2939
shall establish an annual marketing budget for promoting lifeline	2940
service and performing outreach regarding lifeline service. All	2941
funds allocated to this budget shall be spent for the promotion	2942
and marketing of lifeline service and outreach regarding lifeline	2943
service and only for those purposes and not for any administrative	2944
costs of implementing lifeline service. All activities relating to	2945
the promotion of, marketing of, and outreach regarding lifeline	2946
service shall be coordinated through a single advisory board	2947
composed of staff of the public utilities commission, the office	2948
of the consumers' counsel, consumer groups representing low-income	2949
constituents, and, except as provided in division (A)(3)(b) of	2950
this section, every incumbent local exchange carrier required to	2951
implement lifeline service under division (A) of this section. The	2952
commission may review and approve decisions of the advisory board	2953
in accordance with commission rules, including decisions on how	2954
the lifeline marketing, promotion, and outreach activities are	2955
implemented.	2956

(b) Division (A)(3)(a) of this section does not apply to an	2957
incumbent local exchange carrier with fewer than fifty thousand	2958
access lines.	2959

(4) All other aspects of the carrier's state-specific	2960
lifeline service shall be consistent with federal requirements.	2961

(B) The rates, terms, and conditions for the carrier's	2962
lifeline service shall be tariffed in the manner prescribed by	2963
rule adopted by the public utilities commission.	2964

(C)(1) Eligibility for lifeline service under division (A) of	2965
this section shall be based on either of the following criteria:	2966

(a) A person's verifiable participation in any low-income	2967
assistance program that is approved as a lifeline-eligible program	2968
by either the public utilities commission or the federal	2969
communications commission;	2970

(b) Verification that a person's household income is at or	2971
below one hundred fifty per cent of the federal poverty level.	2972

The public utilities commission shall work with the	2973
appropriate state agencies that administer federal or state	2974
low-income assistance programs and with carriers to negotiate and	2975
acquire information necessary to verify a person's eligibility and	2976
the data necessary to automatically enroll eligible persons for	2977
lifeline service.	2978

(2) The carrier shall provide written notification if the	2979
carrier determines that a person is not eligible for lifeline	2980
service and shall provide the person an additional thirty days to	2981
prove eligibility.	2982

(3) The carrier shall provide written customer notification	2983
if a customer's lifeline service is to be terminated due to	2984
failure to submit acceptable documentation for continued	2985
eligibility for that assistance and shall provide the customer an	2986
additional sixty days to submit acceptable documentation of	2987
continued eligibility or dispute the carrier's findings regarding	2988
termination of the lifeline service.	2989

(D) An incumbent local exchange carrier or eligible	2990
telecommunications carrier may recover from end users of the	2991
carrier's telecommunications service other than lifeline service	2992
customers, by a method approved by the public utilities	2993
commission, any lifeline service discounts and any other lifeline	2994
service expenses that the commission prescribes by rule and that	2995
are not recovered through federal or state funding, except for	2996
expenses incurred under division (A)(3)(a) of this section. A	2997
carrier seeking recovery of these discounts or expenses shall, in	2998
accordance with rules adopted by the public utilities commission,	2999
apply to the commission for approval of the method of recovery.	3000

Sec. 4927.12.  The public utilities commission may adopt	3001
rules requiring any telephone company that is a telephone toll	3002
service provider to offer discounts for operator-assisted and	3003
direct-dial services for persons with communication disabilities.	3004

Sec. 4927.13.  (A) The rates, terms, and conditions for 9-1-1	3005
service provided in this state by a telephone company or a	3006
telecommunications carrier and each of the following provided in	3007
this state by a telephone company shall be approved and tariffed	3008
in the manner prescribed by rule adopted by the public utilities	3009
commission and shall be subject to the applicable laws, including	3010
rules or regulations adopted and orders issued by the commission	3011
or the federal communications commission and, including, as to	3012
9-1-1 service, sections 4931.40 to 4931.70 and 4931.99 of the	3013
Revised Code:	3014

(1) Carrier access;

3015

(2) N-1-1 services, other than 9-1-1 service;

3016

(3) Pole attachments and conduit occupancy under section	3017
4905.71 of the Revised Code;	3018

(4) Pay telephone access lines;

3019

(5) Toll presubscription;

3020

(6) Telecommunications relay service.

3021

(B) The public utilities commission may order changes in a	3022
telephone company's rates for carrier access in this state subject	3023
to this division. In the event that the public utilities	3024
commission reduces a telephone company's rates for carrier access	3025
that are in effect on the effective date of this section, that	3026
reduction shall be on a revenue-neutral basis under terms and	3027
conditions established by the public utilities commission, and any	3028
resulting rate changes necessary to comply with division (B) or	3029
(C) of this section shall be in addition to any rate adjustment	3030
authorized under section 4927.10 of the Revised Code.	3031

(C) The public utilities commission has authority to address	3032
carrier access policy and to create and administer mechanisms for	3033
carrier access reform, including, but not limited to, high cost	3034
support.	3035

Sec. 4927.14.  (A) The public utilities commission shall not	3036
establish any requirements for the unbundling of network elements,	3037
for the resale of telecommunications service, or for network	3038
interconnection that exceed or are inconsistent with or prohibited	3039
by federal law, including federal regulations.	3040

(B) The commission shall not establish pricing for such	3041
unbundled elements, resale, or interconnection that is	3042
inconsistent with or prohibited by federal law, including federal	3043
regulations, and shall comply with federal law, including federal	3044
regulations, in establishing such pricing.	3045

Sec. 4927.15.  (A) A telephone company shall provide at least	3046
fifteen days' advance notice to its affected customers of any	3047
material change in the rates, terms, and conditions of a service	3048
and any change in the company's operations that are not	3049
transparent to customers and may impact service.	3050

(B) A telephone company shall inform its customers of the	3051
public utilities commission's toll-free number and e-mail address	3052
on all bills and disconnection notices, and any residential	3053
customers of the office of consumers' counsel's toll-free number	3054
and e-mail address on all residential bills and disconnection	3055
notices.	3056

Sec. 4927.16.  The public utilities commission may adopt	3057
rules regarding the rates, terms, and conditions of intrastate	3058
telecommunications service initiated from a telephone instrument	3059
set aside for use by inmates or juvenile offenders by authorities	3060
of a secured correctional facility.	3061

Sec. 4927.17.  The public utilities commission may	3062
investigate or examine the books, records, or practices of any	3063
telephone company, but only to the extent of the commission's	3064
jurisdiction over the company under sections 4927.01 to 4927.19 of	3065
the Revised Code. Subject to that limitation, the commission may	3066
do any of the following:	3067

(A) Through its commissioners or by inspectors or employees	3068
authorized by it, examine the books, records, contracts,	3069
documents, and papers of any such company for any purpose	3070
incidental to the commission's authority under those sections;	3071

(B) By subpoena duces tecum, compel the production of such	3072
books, records, contracts, documents, and papers;	3073

(C) Compel the attendance of such witnesses as it requires to	3074
give evidence in connection with such an investigation.	3075

Sec. 4927.18. To the extent subject to the public utilities	3076
commission's jurisdiction under this chapter, all of the following	3077
shall comply with every order, direction, and requirement of the	3078
commission made under authority of this chapter:	3079

(A) Every telephone company, including every wireless service	3080
provider;	3081

(B) Every telecommunications carrier;

3082

(C) Every provider of internet protocol-enabled services,	3083
including voice over internet protocol.	3084

Sec. 4927.19. (A) Any person may file with the public	3085
utilities commission, or the commission may initiate, a complaint	3086
against a telephone company other than a wireless service	3087
provider, alleging that any rate, practice, or service of the	3088
company is unjust, unreasonable, unjustly discriminatory, or in	3089
violation of or noncompliance with any provision of sections	3090
4927.01 to 4927.18 of the Revised Code or a rule or order adopted	3091
or issued under those sections. Any dispute between telephone	3092
companies, between telephone companies and wireless service	3093
providers, or between wireless service providers that is within	3094
the commission's jurisdiction under sections 4927.01 to 4927.18 of	3095
the Revised Code, and any dispute between a telephone company and	3096
a provider of internet protocol-enabled services, including voice	3097
over internet protocol service, that is within the commission's	3098
jurisdiction under section 4927.03 of the Revised Code, may be	3099
brought by a filing pursuant to this division.	3100

(B) If it appears that reasonable grounds for complaint are	3101
stated by a complaint filed under division (A) of this section,	3102
the commission shall fix a time for hearing and shall notify	3103
complainants and the telephone company or wireless service	3104
provider thereof. The parties to the complaint shall be entitled	3105
to be heard, represented by counsel, and to have a process for the	3106
attendance of witnesses.	3107

(C) If the commission after hearing in a proceeding under	3108
division (B) of this section makes a finding against the party	3109
complained of, the commission may do either or both of the	3110
following:	3111

(1) Determine, but only to the extent authorized under	3112
sections 4927.01 to 4927.18 of the Revised Code, the rate,	3113
practice, or service thereafter to be adopted and observed,	3114
including any appropriate remedy for a complaint;	3115

(2) Assess a forfeiture of not more than ten thousand dollars	3116
for each violation or failure. Each day's continuance of the	3117
violation or failure is a separate offense, and all occurrences of	3118
a violation or failure on each such day shall be deemed one	3119
violation. All forfeitures authorized under this section are	3120
cumulative, and a suit for and recovery of one does not bar the	3121
recovery of any other. Collected forfeitures shall be deposited	3122
into the state treasury to the credit of the general revenue fund.	3123
Actions to recover such forfeitures shall be prosecuted in the	3124
name of the state and shall be brought in the court of common	3125
pleas of any county in which the party complained of is located.	3126
The attorney general shall commence such actions and prosecute	3127
them when the commission directs.	3128

(D) The commission also may suspend, rescind, or	3129
conditionally rescind the certification of a telephone company	3130
under section 4927.05 of the Revised Code under either of the	3131
following circumstances:	3132

(1) The commission determines, after notice and opportunity	3133
for hearing, that the telephone company has failed to comply with	3134
any provision of section 4905.10 or 4905.14 of the Revised Code.	3135

(2) The commission determines in a proceeding under division	3136
(B) of this section that the telephone company has willfully or	3137
repeatedly failed to comply with any other applicable state or	3138
federal law.	3139

(E) The commission has no authority to order credits to any	3140
customer of a telephone company, except in response to a complaint	3141
determined in accordance with this section.	3142

(F) Upon request of the commission, the attorney general may	3143
commence and prosecute such action or proceeding in mandamus, by	3144
injunction, or by other appropriate civil remedy in the name of	3145
the state, as is directed by the commission, alleging any	3146
violation or noncompliance specified in division (A) of this	3147
section, and praying for such proper relief as the court may	3148
prescribe.	3149

Sec. 4929.02.  (A) It is the policy of this state to,	3150
throughout this state:	3151

(1) Promote the availability to consumers of adequate,	3152
reliable, and reasonably priced natural gas services and goods;	3153

(2) Promote the availability of unbundled and comparable	3154
natural gas services and goods that provide wholesale and retail	3155
consumers with the supplier, price, terms, conditions, and quality	3156
options they elect to meet their respective needs;	3157

(3) Promote diversity of natural gas supplies and suppliers,	3158
by giving consumers effective choices over the selection of those	3159
supplies and suppliers;	3160

(4) Encourage innovation and market access for cost-effective	3161
supply- and demand-side natural gas services and goods;	3162

(5) Encourage cost-effective and efficient access to	3163
information regarding the operation of the distribution systems of	3164
natural gas companies in order to promote effective customer	3165
choice of natural gas services and goods;	3166

(6) Recognize the continuing emergence of competitive natural	3167
gas markets through the development and implementation of flexible	3168
regulatory treatment;	3169

(7) Promote an expeditious transition to the provision of	3170
natural gas services and goods in a manner that achieves effective	3171
competition and transactions between willing buyers and willing	3172
sellers to reduce or eliminate the need for regulation of natural	3173
gas services and goods under Chapters 4905. and 4909. of the	3174
Revised Code;	3175

(8) Promote effective competition in the provision of natural	3176
gas services and goods by avoiding subsidies flowing to or from	3177
regulated natural gas services and goods;	3178

(9) Ensure that the risks and rewards of a natural gas	3179
company's offering of nonjurisdictional and exempt services and	3180
goods do not affect the rates, prices, terms, or conditions of	3181
nonexempt, regulated services and goods of a natural gas company	3182
and do not affect the financial capability of a natural gas	3183
company to comply with the policy of this state specified in this	3184
section;	3185

(10) Facilitate the state's competitiveness in the global	3186
economy;	3187

(11) Facilitate additional choices for the supply of natural	3188
gas for residential consumers, including aggregation;	3189

(12) Promote an alignment of natural gas company interests	3190
with consumer interest in energy efficiency and energy	3191
conservation.	3192

(B) The public utilities commission and the office of the	3193
consumers' counsel shall follow the policy specified in this	3194
section in exercising their respective authorities relative to	3195
sections 4929.03 to 4929.30 of the Revised Code.	3196

(C) Nothing in Chapter 4929. of the Revised Code shall be	3197
construed to alter the public utilities commission's construction	3198
or application of division (A)(6)(5) of section 4905.03 of the	3199
Revised Code.	3200

Sec. 4931.01. As used in sections 4931.02 to 4931.05 of the	3201
Revised Code, "telephone company" has the same meaning as in	3202
section 4927.01 of the Revised Code.	3203

Sec. 4931.02. (A) A telegraphtelephone company may	3204
construct, own, use, and maintain telegraphtelecommunications	3205
lines and facilities, whether described in its original articles	3206
of incorporation or not, and whether such lines or facilities are	3207
wholly within or partly beyond the limits of this state. It may	3208
join with another company or association in conducting, leasing,	3209
owning, using, or maintaining such lines or facilities, on terms	3210
agreed upon between the directors or managers of the respective	3211
companies. Such companies may own and hold any interest in such	3212
lines or facilities, or become lessees thereof on such terms as	3213
they agree upon, but no such company and the owner of rights of	3214
way shall contract for the exclusive use of such rights of way for	3215
telegraphictelecommunications purposes.	3216

(B) A telephone company's lines and facilities shall not	3217
unreasonably interfere with the practical uses of the property on	3218
which they are located. A telephone company shall repair defective	3219
lines and facilities, which repairs shall be consistent with	3220
reasonable business practices and applicable industry standards.	3221

Sec. 4931.03.  (A) A telegraph or telephone company may do	3222
either of the following in the unincorporated area of the	3223
township:	3224

(1) Construct telegraph or telephone linestelecommunications	3225
lines or facilities upon and along any of the public roads and	3226
highways and across any waters within that area by the erection of	3227
the necessary fixtures, including posts, piers, or abutments for	3228
sustaining the cords or wires of those lines or facilities. Those	3229
The lines and facilities shall be constructed so as not to	3230
incommode the public in the use of the roads or highways, or	3231
endanger or injuriously interrupt the navigation of the waters.	3232

(2) Construct telegraph or telephonetelecommunications lines	3233
and the fixtures necessary for containing and protecting those	3234
linesfacilities in such a manner as to protect them beneath the	3235
surface of any of the public roads and highways and beneath any	3236
waters within that area. Those lines and facilities shall be	3237
constructed so as not to incommode the public in the use of the	3238
roads or highways, or endanger or injuriously interrupt the	3239
navigation of the waters.	3240

(B)(1) This section does not authorize the construction of a	3241
bridge across any waters within the state.	3242

(2) Construction under this section is subject to section	3243
5571.16 of the Revised Code, as applicable, and any other	3244
applicable law, including, but not limited to, any law requiring	3245
approval of the legislative authority, the county engineer, or the	3246
director of transportation.	3247

Sec. 4931.04.  A telegraphtelephone company may enter upon	3248
any land held by an individual or a corporation, whether such land	3249
was acquired by purchase, appropriation, or by virtue of any	3250
provision in its charter, for the purpose of making preliminary	3251
examination and surveys, with a view to the location and	3252
construction of telegraphtelecommunications lines and facilities,	3253
and may appropriate so much of such land in accordance with	3254
sections 163.01 to 163.22, inclusive, of the Revised Code, as it	3255
deems necessary for the construction and maintenance of its	3256
telegraph poles, cables, conduits, piers, abutments, wires, and	3257
other necessary fixtures, stationsthose lines and facilities, and	3258
the right of way in, through, over, across, and under such lands	3259
and adjacent lands, sufficient to enable it to construct and	3260
repair itsthe lines and facilities.	3261

Sec. 4931.11.        Sec. 4931.05.  Any company organized at any time to	3262
transact a telegraph, telephone, or communications business may	3263
construct, reconstruct, own, use, lease, operate, maintain, and	3264
improve communications systems for the transmission of voices,	3265
sounds, writings, signs, signals, pictures, visions, images, or	3266
other forms of intelligence, as public utility services, by means	3267
of wire, cable, radio, radio relay, or other telecommunications	3268
facilities, methods, or media. Any such company has the powers and	3269
is subject to the restrictions prescribed in sections 4931.02 to	3270
4931.224931.04 of the Revised Code, for telegraph or telephone	3271
companies.	3272

Sec. 4931.35.        Sec. 4931.06.  (A) As used in this section and in	3273
sections 2317.02 and 2921.22 of the Revised Code:	3274

(1) "Communications assistant" means a person who	3275
transliterates conversation from text to voice and from voice to	3276
text between the end users of a telecommunications relay service	3277
provided pursuant to this section or Title II of the	3278
"Communications Act of 1934," 104 Stat. 366 (1990), 47 U.S.C. 225.	3279

(2) "Communicative impairment" means deafness or speech	3280
impairment.	3281

(3) "Deafness" means a hearing loss that prevents a person	3282
from being able to understand speech over the telephone.	3283

(4) "Speech impairment" means a speech impairment that	3284
renders a person's speech unintelligible on the telephone.	3285

(5) "Telecommunications relay service" means telephone	3286
transmission services that provide the ability for an individual	3287
who has a communicative impairment to engage in a communication by	3288
wire or radio with a hearing individual in a manner that is	3289
functionally equivalent to the ability of an individual who does	3290
not have a communicative impairment to communicate using voice	3291
communication services by wire or radio. "Telecommunications relay	3292
service" includes services that enable two-way communication	3293
between an individual who uses a text telephone or other nonvoice	3294
terminal device and an individual who does not use such a device.	3295

(B) Any communication made by or to a person with a	3296
communicative impairment with the assistance of a communications	3297
assistant at a telecommunications relay service is confidential	3298
and privileged and shall not be disclosed by the communications	3299
assistant in any civil case or proceeding or in any legislative or	3300
administrative proceeding, unless the person making the	3301
communication and the person to whom the communication is made	3302
each waive the privilege of confidentiality or the obligation to	3303
divulge the communication is mandated by federal law or regulation	3304
or pursuant to subpoena in a criminal proceeding.	3305

(C) A communications assistant or a telecommunications relay	3306
service provider is not subject to criminal prosecution and is not	3307
liable in damages in any civil action on account of the act of	3308
transliterating or the content of any communication	3309
transliterated, or any injury, death, or loss to person or	3310
property allegedly arising from the act of transliterating or the	3311
content of any communication transliterated, between the end users	3312
of a telecommunications relay service, except in cases of willful	3313
or wanton misconduct.	3314

Sec. 4931.99.  (A) Whoever violates division (D) of section	3315
4931.49 of the Revised Code is guilty of a misdemeanor of the	3316
fourth degree.	3317

(B) Whoever violates section 4931.25, 4931.26, 4931.27,	3318
4931.30, or 4931.31 of the Revised Code is guilty of a misdemeanor	3319
of the third degree.	3320

(C) Whoever violates section 4931.28 of the Revised Code is	3321
guilty of a felony of the fourth degree.	3322

(D) Whoever violates section 4931.29 or division (B) of	3323
section 4931.354931.06 of the Revised Code is guilty of a	3324
misdemeanor in the first degree.	3325

(E)(C) Whoever violates division (E) or (F) of section	3326
4931.49 or division (B)(2) of section 4931.66 of the Revised Code	3327
is guilty of a misdemeanor of the fourth degree on a first offense	3328
and a felony of the fifth degree on each subsequent offense.	3329

(F)(D) Whoever violates section 4931.75 of the Revised Code	3330
is guilty of a minor misdemeanor for a first offense and a	3331
misdemeanor of the first degree on each subsequent offense.	3332

Sec. 4933.14.  (A) and exceptExcept as otherwise provided in	3333
division (B) of this section Sections, division (A) of section	3334
4931.02 to 4931.22, and sections 4931.03, 4931.04, and 4933.13 to	3335
4933.16 of the Revised Code apply to a company organized for	3336
supplying public and private buildings, manufacturing	3337
establishments, streets, alleys, lanes, lands, squares, and public	3338
places with electric light and power, and to an automatic package	3339
carrier. Every and exceptExcept as otherwise provided in division	3340
(B) of this section,every such company has the powers and is	3341
subject to the restrictions prescribed for a telegraphtelephone	3342
company by sectionsdivision (A) of section 4931.02 to 4931.22and	3343
sections 4931.03 and 4931.04 of the Revised Code.	3344

(B) SectionsSection 4931.04, 4931.06, 4931.07, 4931.12, and	3345
4931.13 of the Revised Code applyapplies to a company organized	3346
for supplying electricity only if the company transmits or	3347
distributes electricity, and every such company has the powers and	3348
is subject to the restrictions prescribed for a telegraph	3349
telephone company by those sections except for the purpose of	3350
erecting, operating, or maintaining an electric generating	3351
station.	3352

Sec. 4933.18.  (A) In a prosecution for a theft offense, as	3353
defined in section 2913.01 of the Revised Code, that involves	3354
alleged tampering with a gas, electric, steam, or water meter,	3355
conduit, or attachment of a utility that has been disconnected by	3356
the utility, proof that a meter, conduit, or attachment of a	3357
utility has been tampered with is prima-facie evidence that the	3358
person who is obligated to pay for the service rendered through	3359
the meter, conduit, or attachment and is in possession or control	3360
of the meter, conduit, or attachment at the time the tampering	3361
occurred has caused the tampering with intent to commit a theft	3362
offense.	3363

In a prosecution for a theft offense, as defined in section	3364
2913.01 of the Revised Code, that involves the alleged	3365
reconnection of a gas, electric, steam, or water meter, conduit,	3366
or attachment of a utility that has been disconnected by the	3367
utility, proof that a meter, conduit, or attachment disconnected	3368
by a utility has been reconnected without the consent of the	3369
utility is prima-facie evidence that the person in possession or	3370
control of the meter, conduit, or attachment at the time of the	3371
reconnection has reconnected the meter, conduit, or attachment	3372
with intent to commit a theft offense.	3373

(B) As used in this section:

3374

(1) "Utility" means any electric light company, gas company,	3375
natural gas company, pipe-line company, water-works company, or	3376
heating or cooling company, as defined by division (A)(3), (4),	3377
(5), (6), (7), or (8), or (9) of section 4905.03 of the Revised	3378
Code, its lessees, trustees, or receivers, or any similar utility	3379
owned or operated by a political subdivision.	3380

(2) "Tamper" means to interfere with, damage, or by-pass a	3381
utility meter, conduit, or attachment with the intent to impede	3382
the correct registration of a meter or the proper functions of a	3383
conduit or attachment so as to reduce the amount of utility	3384
service that is registered on the meter.	3385

Sec. 4933.19.  Each electric light company, gas company,	3386
natural gas company, pipe-line company, water-works company, or	3387
heating or cooling company, as defined by division (A)(3), (4),	3388
(5), (6), (7), or (8), or (9) of section 4905.03 of the Revised	3389
Code, or its lessees, trustees, or receivers, and each similar	3390
utility owned or operated by a political subdivision shall notify	3391
its customers, on an annual basis, that tampering with or	3392
bypassing a meter constitutes a theft offense that could result in	3393
the imposition of criminal sanctions.	3394

Sec. 4939.01. As used in sections 4939.01 to 4939.08 of the	3395
Revised Code:	3396

(A) "Cable operator," "cable service," and "franchise" have	3397
the same meanings as in the "Cable Communications Policy Act of	3398
1984," 98 Stat. 2779, 47 U.S.C.A. 522.	3399

(B) "Occupy or use" means, with respect to a public way, to	3400
place a tangible thing in a public way for any purpose, including,	3401
but not limited to, constructing, repairing, positioning,	3402
maintaining, or operating lines, poles, pipes, conduits, ducts,	3403
equipment, or other structures, appurtenances, or facilities	3404
necessary for the delivery of public utility services or any	3405
services provided by a cable operator.	3406

(C) "Person" means any natural person, corporation, or	3407
partnership and also includes any governmental entity.	3408

(D) "Public utility" means any company described in section	3409
4905.03 of the Revised Code except in divisions (A)(3)(2) and	3410
(10)(9) of that section, which company also is a public utility as	3411
defined in section 4905.02 of the Revised Code; and includes any	3412
electric supplier as defined in section 4933.81 of the Revised	3413
Code.	3414

(E) "Public way" means the surface of, and the space within,	3415
through, on, across, above, or below, any public street, public	3416
road, public highway, public freeway, public lane, public path,	3417
public alley, public court, public sidewalk, public boulevard,	3418
public parkway, public drive, and any other land dedicated or	3419
otherwise designated for a compatible public use, which, on or	3420
after the effective date of this section, is owned or controlled	3421
by a municipal corporation. "Public way" excludes a private	3422
easement.	3423

(F) "Public way fee" means a fee levied to recover the costs	3424
incurred by a municipal corporation and associated with the	3425
occupancy or use of a public way.	3426

Sec. 5515.01.  The director of transportation may upon formal	3427
application being made to the director, grant a permit to any	3428
individual, firm, or corporation to use or occupy such portion of	3429
a road or highway on the state highway system as will not	3430
incommode the traveling public. Such permits, when granted, shall	3431
be upon the following conditions:	3432

(A) The director may issue a permit to any individual, firm,	3433
or corporation for any use of a road or highway on the state	3434
highway system that is consistent with applicable federal law or	3435
federal regulations.	3436

(B) Such location shall be changed as prescribed by the	3437
director when the director deems such change necessary for the	3438
convenience of the traveling public, or in connection with or	3439
contemplation of the construction, reconstruction, improvement,	3440
relocating, maintenance, or repair of such road or highway.	3441

(C) The placing of objects or things shall be at a grade and	3442
in accordance with such plans, specifications, or both, as shall	3443
be first approved by the director.	3444

(D) The road or highway in all respects shall be fully	3445
restored to its former condition of usefulness and at the expense	3446
of such individual, firm, or corporation.	3447

(E) Such individual, firm, or corporation shall maintain all	3448
objects and things in a proper manner, promptly repair all damages	3449
resulting to such road or highway on account thereof, and in event	3450
of failure to so repair such road or highway to pay to the state	3451
all costs and expenses whichthat may be expended by the director	3452
in repairing any damage.	3453

(F) Such other conditions as may seem reasonable to the	3454
director, but no condition shall be prescribed whichthat imposes	3455
the payment of a money consideration for the privilege granted.	3456
Nothing in this division prohibits the director from requiring	3457
payment of money consideration for a lease, easement, license, or	3458
other interest in a transportation facility under control of the	3459
department of transportation.	3460

(G) Permits may be revoked by the director at any time for a	3461
noncompliance with the conditions imposed.	3462

(H) As a condition precedent to the issuance of any permit	3463
for telecommunications facilities or carbon capture and storage	3464
pipelines, the director shall require the applicant to provide	3465
proof it is party to a lease, easement, or license for the	3466
construction, placement, or operation of such facility or pipeline	3467
in or on a transportation facility.	3468

Except as otherwise provided in this section and section	3469
5501.311 of the Revised Code, Chapters 5501., 5503., 5511., 5513.,	3470
5515., 5516., 5517., 5519., 5521., 5523., 5525., 5527., 5528.,	3471
5529., 5531., 5533., and 5535. of the Revised Code do not prohibit	3472
telegraph, telephone, and electric light and power companies from	3473
constructing, maintaining, and using telegraph, telephone, or	3474
electric light and power lines along and upon such roads or	3475
highways under sections 4931.19,section 4933.14, or other	3476
sections of the Revised Code, or to affect existing rights of any	3477
such companies, or to require such companies to obtain a permit	3478
from the director, except with respect to the location of poles,	3479
wires, conduits, and other equipment comprising lines on or	3480
beneath the surface of such road or highways.	3481

This section does not prohibit steam or electric railroad	3482
companies from constructing tracks across such roads or highways,	3483
nor authorize the director to grant permission to any company	3484
owning, operating, controlling, or managing a steam railroad or	3485
interurban railway in this state to build a new line of railroad,	3486
or to change or alter the location of existing tracks across any	3487
road or highway on the state highway system at grade. No such	3488
company shall change the elevation of any of its tracks across	3489
such road or highway except in accordance with plans and	3490
specifications first approved by the director.	3491

This section does not relieve any individual, firm, or	3492
corporation from the obligation of satisfying any claim or demand	3493
of an owner of lands abutting on such road or highway on the state	3494
highway system on account of placing in such road or highway a	3495
burden in addition to public travel.	3496

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

3497

(1) "Small telephone company" means a telephone company,	3498
existing as such as of January 1, 2003, with twenty-five thousand	3499
or fewer access lines as shown on the company's annual report	3500
filed under section 4905.14 of the Revised Code for the calendar	3501
year immediately preceding the tax year, and is an "incumbent	3502
local exchange carrier" under 47 U.S.C. 251(h).	3503

(2) "Gross receipts tax amount" means the product obtained by	3504
multiplying four and three-fourths per cent by the amount of a	3505
small telephone company's taxable gross receipts, excluding the	3506
deduction of twenty-five thousand dollars, that the tax	3507
commissioner would have determined under section 5727.33 of the	3508
Revised Code for that small telephone company for the annual	3509
period ending on the thirtieth day of June of the calendar year	3510
immediately preceding the tax year, as that section applied in the	3511
measurement period from July 1, 2002, to June 30, 2003.	3512

(3) "Applicable percentage" means one hundred per cent for	3513
tax year 2005; eighty per cent for tax year 2006; sixty per cent	3514
for tax year 2007; forty per cent for tax year 2008; twenty per	3515
cent for tax year 2009; and zero per cent for each subsequent tax	3516
year thereafter.	3517

(4) "Applicable amount" means the amount resulting from	3518
subtracting the gross receipts tax amount from the tax imposed by	3519
sections 5733.06, 5733.065, and 5733.066 of the Revised Code for	3520
the tax year, without regard to any credits available to the small	3521
telephone company.	3522

(B)(1) Except as provided in division (B)(2) of this section,	3523
beginning in tax year 2005, a small telephone company is hereby	3524
allowed a nonrefundable credit against the tax imposed by sections	3525
5733.06, 5733.065, and 5733.066 of the Revised Code, equal to the	3526
product obtained by multiplying the applicable percentage by the	3527
applicable amount. The credit shall be claimed in the order	3528
required by section 5733.98 of the Revised Code.	3529

(2) If the applicable amount for a tax year is less than	3530
zero, a small telephone company shall not be allowed for that tax	3531
year the credit provided under this section.	3532

Sec. 6101.17.  The board of directors of a conservancy	3533
district, when it is necessary for the purposes of this chapter,	3534
shall have a dominant right of eminent domain over the right of	3535
eminent domain of railroad, telegraph, telephone, gas, water	3536
power, and other companies and corporations, and over townships,	3537
counties, and municipal corporations.	3538

In the exercise of this right, due care shall be taken to do	3539
no unnecessary damage to other public utilities, and, in case of	3540
failure to agree upon the mode and terms of interference, not to	3541
interfere with their operation or usefulness beyond the actual	3542
necessities of the case, due regard being paid to the other public	3543
interests involved.	3544

Sec. 6115.21.  The board of directors of a sanitary district,	3545
when it is necessary for the purposes of sections 6115.01 to	3546
6115.79, inclusive, of the Revised Code, shall have a dominant	3547
right of eminent domain over the right of eminent domain of	3548
railroad, telegraph, telephone, gas, water power, and other	3549
companies and corporations, and over townships, counties, and	3550
municipal corporations.	3551

In the exercise of this right due care shall be taken to do	3552
no unnecessary damage to other public utilities, and, in case of	3553
failure to agree upon the mode and terms of interference, not to	3554
interfere with their operation or usefulness beyond the actual	3555
necessities of the case, due regard being paid to the other public	3556
interests involved.	3557

Section 2. That existing sections 324.01, 324.03, 1332.24,	3558
2317.02, 2917.21, 4901.01, 4901.02, 4901.11, 4901.15, 4901.22,	3559
4903.01, 4903.20, 4903.22, 4903.23, 4905.01, 4905.02, 4905.03,	3560
4905.04, 4905.09, 4905.12, 4905.14, 4905.16, 4905.18, 4905.20,	3561
4905.21, 4905.26, 4905.30, 4905.40, 4905.402, 4905.41, 4905.42,	3562
4905.45, 4905.46, 4905.47, 4905.51, 4905.52, 4905.58, 4905.59,	3563
4905.61, 4905.63, 4905.71, 4905.73, 4905.84, 4905.90, 4905.99,	3564
4907.01, 4907.14, 4907.30, 4909.01, 4909.02, 4909.03, 4909.17,	3565
4911.01, 4921.01, 4923.01, 4927.01, 4927.02, 4929.02, 4931.02,	3566
4931.03, 4931.04, 4931.11, 4931.35, 4931.99, 4933.14, 4933.18,	3567
4933.19, 4939.01, 5515.01, 5733.57, 6101.17, and 6115.21 and	3568
sections 4905.041, 4905.23, 4905.231, 4905.24, 4905.241,	3569
4905.242, 4905.243, 4905.244, 4905.25, 4905.381, 4905.49,	3570
4905.491, 4905.50, 4927.03, 4927.04, 4931.06, 4931.07, 4931.12,	3571
4931.13, 4931.14, 4931.15, 4931.16, 4931.17, 4931.18, 4931.19,	3572
4931.21, 4931.22, 4931.25, 4931.26, 4931.27, 4931.28, 4931.29,	3573
4931.30, and 4931.31 of the Revised Code are hereby repealed.	3574

Section 3. Coincident with the adoption of initial rules as	3575
provided for in section 4927.03 of the Revised Code as enacted by	3576
this act, the Public Utilities Commission shall rescind the	3577
following rules and shall file the requisite notice of the	3578
rescissions with the Legislative Service Commission and the	3579
Secretary of State within five days: Chapters 4901:1-4, 4901:1-5,	3580
and 4901:1-6 of the Ohio Administrative Code, except for Rule No.	3581
4901:1-5-09 and related definitions in Rule No. 4901:1-5-01 and	3582
except for Rule Nos. 4901:1-6-18 and 4901:1-6-24 and related	3583
definitions in Rule No. 4901:1-6-01. Rescission of these rules	3584
shall take effect as provided by law and, notwithstanding any	3585
other provision of the Revised Code, is not subject to legislative	3586
review or invalidation. Except as provided in division (A) of	3587
section 4927.10 of the Revised Code, the Public Utilities	3588
Commission shall not enforce on or after the effective date of	3589
this act against any telephone company as defined in section	3590
4905.03 of the Revised Code as amended by this act any provision	3591
of any of the rules specified in this section, except for Rule No.	3592
4901:1-5-09 and related definitions in Rule No. 4901:1-5-01 and	3593
Rule Nos. 4901:1-6-18 and 4901:1-6-24 and related definitions in	3594
Rule No. 4901:1-6-01.	3595

Section 4. Any complaint filed pursuant to section 4905.26 of	3596
the Revised Code and pending on the effective date of Sections 1	3597
and 2 of this act shall be determined by the Public Utilities	3598
Commission pursuant to the Revised Code as it existed immediately	3599
preceding that effective date.	3600

Section 5. (A) There is hereby created the Select Committee	3601
on Telecommunications Regulatory Reform consisting of the	3602
following members:	3603

(1) The chairperson and ranking minority member of the	3604
committee in the Senate to which legislation pertaining to public	3605
utilities is referred;	3606

(2) The chairperson and ranking minority member of the	3607
committee in the House of Representatives to which legislation	3608
pertaining to public utilities is referred;	3609

(3) The chairperson of the Public Utilities Commission or an	3610
officer or employee of the Commission who shall serve as the	3611
chairperson's designee;	3612

(4) The Consumers' Counsel or an officer or employee of the	3613
Office of the Consumers' Counsel who shall serve as the designee	3614
of the Consumers' Counsel;	3615

(5) One member appointed by the Governor, who is a member of	3616
the Governor's staff;	3617

(6) One member appointed by the Governor who is a	3618
representative of the telecommunications industry.	3619

(B) The Governor shall make appointments to the Committee not	3620
later than sixty days after the effective date of this section.	3621
Vacancies on the Committee shall be filled in the manner provided	3622
for original appointments.	3623

(C) The members who serve as chairpersons of the House and	3624
Senate committees to which public utility legislation is referred	3625
shall serve as co-chairpersons of the Select Committee on	3626
Telecommunications Regulatory Reform. The Committee shall meet at	3627
the call of the co-chairpersons who shall determine the time,	3628
meeting location, and agenda for each meeting of the Committee.	3629

(D) The Committee shall study the impacts of Sub. S.B. 162 as	3630
enacted by the 128th General Assembly. The Committee's study shall	3631
include, but shall not be limited to, a review of both the	3632
economic benefits of the act and the act's impact on jobs,	3633
telephone company rates, telephone company quality of service,	3634
lifeline program customers, rural markets, rural broadband	3635
deployment, and carrier access to private property. The Public	3636
Utilities Commission shall cooperate with the Committee as it	3637
performs its duties and shall provide reports and any other	3638
information requested by the Committee.	3639

(E) The Committee may request assistance from the Legislative	3640
Service Commission.	3641

(F) Not later than three years after the effective date of	3642
this section, the Committee shall submit a written report of its	3643
findings and recommendations to the General Assembly and the	3644
Governor. Upon submission of its report, the Committee shall cease	3645
to exist.	3646

Section 6.  Section 2917.21 of the Revised Code is presented	3647
in this act as a composite of the section as amended by both H.B.	3648
565 and S.B. 215 of the 122nd General Assembly. Section 4933.14 of	3649
the Revised Code is presented in this act as a composite of the	3650
section as amended by both H.B. 283 and S.B. 3 of the 123rd	3651
General Assembly. The General Assembly, applying the principle	3652
stated in division (B) of section 1.52 of the Revised Code that	3653
amendments are to be harmonized if reasonably capable of	3654
simultaneous operation, finds that the composite is the resulting	3655
version of the section in effect prior to the effective date of	3656
the section as presented in this act.	3657