As Reported by the House Public Utilities Committee

128th General Assembly Regular Session 2009-2010

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, 2929.01, 4901.01, 4901.02, 4901.11,

2

4901.15, 4901.22, 4903.01, 4903.20, 4903.22,

3

4903.23, 4905.01, 4905.02, 4905.03, 4905.04,

4

4905.09, 4905.12, 4905.14, 4905.16, 4905.18,

5

4905.20, 4905.21, 4905.26, 4905.30, 4905.34,

6

4905.40, 4905.402, 4905.41, 4905.42, 4905.45,

7

4905.46, 4905.47, 4905.51, 4905.52, 4905.58,

8

4905.59, 4905.61, 4905.63, 4905.71, 4905.73,

9

4905.84, 4905.90, 4905.99, 4907.01, 4907.14,

10

4907.30, 4909.01, 4909.02, 4909.03, 4909.17,

11

4911.01, 4921.01, 4923.01, 4927.01, 4927.02,

12

4929.02, 4931.02, 4931.03, 4931.04, 4931.11,

13

4931.99, 4933.14, 4933.18, 4933.19, 4939.01,

14

5515.01, 5733.57, 6101.17, and 6115.21, to amend

15

sections 4931.11 (4931.05) and 4931.35 (4931.06)

16

for the purpose of adopting new section numbers as

17

shown in parentheses, to enact new sections

18

4927.03 and 4927.04 and sections 4927.05, 4927.06,

19

4927.07, 4927.08, 4927.09, 4927.11, 4927.12,

20

4927.13, 4927.14, 4927.15, 4927.16, 4927.17,

21

4927.18, 4927.19, 4927.20, 4927.21, and 4931.01,

22

and to repeal sections 4905.041, 4905.23,

23

4905.231, 4905.24, 4905.241, 4905.242, 4905.243,

24

4905.244, 4905.25, 4905.381, 4905.49, 4905.491,

25

4905.50, 4927.03, 4927.04, 4931.06, 4931.07,

26

4931.12, 4931.13, 4931.14, 4931.15, 4931.16,

27

4931.17, 4931.18, 4931.19, 4931.21, 4931.22,

28

4931.25, 4931.26, 4931.27, 4931.28, 4931.29,

29

4931.30, and 4931.31 of the Revised Code to revise

30

state regulation of telephone companies, remove

31

telegraph companies from utility regulation, and

32

to create the Select Committee on

33

Telecommunications Regulatory Reform.

34

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

Section 1. That sections 324.01, 324.03, 1332.24, 2317.02,	35
2917.21, 2929.01, 4901.01, 4901.02, 4901.11, 4901.15, 4901.22,	36
4903.01, 4903.20, 4903.22, 4903.23, 4905.01, 4905.02, 4905.03,	37
4905.04, 4905.09, 4905.12, 4905.14, 4905.16, 4905.18, 4905.20,	38
4905.21, 4905.26, 4905.30, 4905.34, 4905.40, 4905.402, 4905.41,	39
4905.42, 4905.45, 4905.46, 4905.47, 4905.51, 4905.52, 4905.58,	40
4905.59, 4905.61, 4905.63, 4905.71, 4905.73, 4905.84, 4905.90,	41
4905.99, 4907.01, 4907.14, 4907.30, 4909.01, 4909.02, 4909.03,	42
4909.17, 4911.01, 4921.01, 4923.01, 4927.01, 4927.02, 4929.02,	43
4931.02, 4931.03, 4931.04, 4931.11, 4931.99, 4933.14, 4933.18,	44
4933.19, 4939.01, 5515.01, 5733.57, 6101.17, and 6115.21 be	45
amended, that sections 4931.11 (4931.05) and 4931.35 (4931.06) be	46
amended for the purpose of adopting new section numbers as shown	47
in parentheses, and that new sections 4927.03 and 4927.04 and	48
sections 4927.05, 4927.06, 4927.07, 4927.08, 4927.09, 4927.11,	49
4927.12, 4927.13, 4927.14, 4927.15, 4927.16, 4927.17, 4927.18,	50
4927.19, 4927.20, 4927.21, and 4931.01 of the Revised Code be	51
enacted to read as follows:	52

Sec. 324.01.  As used in sections 324.01 to 324.12 of the	53
Revised Code:	54

(A) "Utility" means:

55

(1) An electric company, gas company, heating company,	56
cooling company, telephone company, telegraph company, or	57
communications company supplying a utility service;	58

(2) Any municipal corporation, county, or other political	59
subdivision, instrumentality, or agency of the state supplying a	60
utility service;	61

(3) Any individual, firm, partnership, association, trust,	62
joint-stock company, joint venture, corporation, nonprofit	63
corporation, cooperative, receiver, assignee, trustee in	64
bankruptcy, estate, trustee, or organization of any kind which	65
owns or operates any office building, storeroom building, shopping	66
center, apartment building, apartment hotel, condominium, or other	67
multiple business or dwelling unit, and which sells, furnishes, or	68
delivers a utility service to the tenants or occupants thereof,	69
provided the charge for such utility service is separately stated.	70

(B) Any individual, firm, partnership, association, trust,	71
joint-stock company, joint venture, corporation, municipal	72
corporation, county, or other political subdivision,	73
instrumentality, or agency of the state, nonprofit corporation,	74
cooperative, receiver, assignee, trustee in bankruptcy, estate,	75
trustee, or organization of any kind:	76

(1) Is an electric company when supplying electricity for	77
light, heat, cooling, or power purposes to customers within a	78
county levying a utilities service tax;	79

(2) Is a gas company when supplying artificial gas or natural	80
gas for light, heat, cooling, or power purposes to customers	81
within a county levying a utilities service tax;	82

(3) Is a heating company when supplying water, steam, or air	83
through pipes or tubing for heating purposes to customers within a	84
county levying a utilities service tax;	85

(4) Is a cooling company when supplying water, steam, or air	86
through pipes or tubing for cooling purposes to customers within a	87
county levying a utilities service tax;	88

(5) Is a telephone company when transmitting telephonic	89
messages to, from, or within a county levying a utilities service	90
tax;	91

(6) Is a telegraph company when transmitting telegraphic	92
messages to, from, or within a county levying a utilities service	93
tax;	94

(7) Is a communications company when supplying the services	95
described in section 4931.114931.05 of the Revised Code, other	96
than transmitting telephonic or telegraphic messages, to, from, or	97
within a county levying a utilities service tax.	98

(C) "Utility service" means the supplying of water, steam, or	99
air through pipes or tubing for heating or cooling purposes to	100
customers within the county, the supplying of electricity,	101
artificial gas, or natural gas to customers within the county, and	102
the transmission of telephonic or telegraphic messages or the	103
supplying of any of the services described in section 4931.11	104
4931.05 of the Revised Code when the transmission or supplying	105
originates from and is charged to or is received by and charged to	106
a customer within the county.	107

(D) "Charge for utility service" means the amount charged to	108
the customer for a utility service without deduction for any	109
discount for early payment but after deducting the amount of any	110
federal excise tax on such utility service, and excluding the	111
amount paid for the purchase of appliances or other merchandise,	112
and the amount paid for the installation of pipes, meters, poles,	113
apparatus, instruments, switchboards, and other facilities by the	114
utility for the purpose of rendering utility service to the	115
customer if the charge therefor is separately stated by the	116
utility in its bill to the customer and is not included in the	117
basic rates charged to customers of the utility.	118

(E) "Customer" means any individual, firm, partnership,	119
association, trust, joint-stock company, joint venture,	120
corporation, nonprofit corporation, cooperative, receiver,	121
assignee, trustee in bankruptcy, estate, trustee, or organization	122
of any kind receiving utility service from a utility, but does not	123
include the United States, the state, any political subdivision of	124
the state, or any agency or instrumentality of any of them.	125

(F) "Business" has the same meaning as in division (E) of	126
section 5701.08 of the Revised Code.	127

Sec. 324.03.  The utilities service tax shall not apply to	128
the following:	129

(A) The first five dollars per month of any charge for	130
utility service for each utility service rendered by a utility to	131
a customer;	132

(B) The supplying of a utility service to a customer for	133
resale; provided, that this division shall not include the	134
supplying of a utility service to a utility as defined in division	135
(A)(3) of section 324.01 of the Revised Code if the utility	136
receiving the service when supplying the service to its customers	137
does not separately state the charge therefor;	138

(C) The supplying of a utility service through a	139
coin-operated device;	140

(D) Telephone service, telegraph service, and services	141
described in section 4931.114931.05 of the Revised Code, to or	142
from a point outside the state for which a separate charge is	143
made;	144

(E) The supplying of a utility service not within the taxing	145
power of the county under the constitution of the United States or	146
the constitution of this state;	147

(F) The supplying of a utility service to a person engaged in	148
business, for use or consumption in the production of tangible	149
personal property.	150

For the purpose of the proper administration of the utilities	151
service tax and to prevent the evasion of the tax, it is presumed	152
that any supplying of utility service is subject to the tax until	153
the contrary is shown.	154

Sec. 1332.24. (A)(1) In accordance with section 1332.25 of	155
the Revised Code, the director of commerce may issue to any	156
person, or renew, a video service authorization, which	157
authorization confers on the person the authority, subject to	158
sections 1332.21 to 1332.34 of the Revised Code, to provide video	159
service in its video service area; construct and operate a video	160
service network in, along, across, or on public rights-of-way for	161
the provision of video service; and, when necessary to provide	162
that service, exercise the power of a telegraphtelephone company	163
under section 4931.04 of the Revised Code. The term of a video	164
service authorization or authorization renewal shall be ten years.	165

(2) For the purposes of the "Cable Communications Policy Act	166
of 1984," Pub. L. No. 98-549, 98 Stat. 2779, 47 U.S.C. 521 et	167
seq., a video service authorization shall constitute a franchise	168
under that law, and the director shall be the sole franchising	169
authority under that law for video service authorizations in this	170
state.	171

(3) The director may impose upon and collect an annual	172
assessment on video service providers. All money collected under	173
division (A)(3) of this section shall be deposited to the credit	174
of the division of administration fund created under section	175
121.08 of the Revised Code. The total amount assessed in a fiscal	176
year shall not exceed the lesser of four hundred fifty thousand	177
dollars or, as shall be determined annually by the director, the	178
department's actual, current fiscal year administrative costs in	179
carrying out its duties under sections 1332.21 to 1332.34 of the	180
Revised Code. The director shall allocate that total amount	181
proportionately among the video service providers to be assessed,	182
using a formula based on subscriber counts as of the thirty-first	183
day of December of the preceding calendar year, which counts shall	184
be submitted to the director not later than the thirty-first day	185
of January of each year, via a notarized statement signed by an	186
authorized officer. Any information submitted by a video service	187
provider to the director for the purpose of determining subscriber	188
counts shall be considered trade secret information, shall not be	189
disclosed except by court order, and shall not constitute a public	190
record under section 149.43 of the Revised Code. On or about the	191
first day of June of each year, the director shall send to each	192
video service provider to be assessed written notice of its	193
proportional amount of the total assessment. The provider shall	194
pay that amount on a quarterly basis not later than forty-five	195
days after the end of each calendar quarter. After the initial	196
assessment, the director annually shall reconcile the amount	197
collected with the total, current amount assessed pursuant to this	198
section, and either shall charge each assessed video service	199
provider its respective proportion of any insufficiency or	200
proportionately credit the provider's next assessment for any	201
excess collected.	202

(B)(1) The director may investigate alleged violations of or	203
failures to comply with division (A) of section 1332.23, division	204
(A) of this section, division (C) of section 1332.25, division (C)	205
or (D) of section 1332.26, division (A), (B), or (C) of section	206
1332.27, division (A) of section 1332.28, division (A) or (B) of	207
section 1332.29, or section 1332.30 or 1332.31 of the Revised	208
Code, or complaints concerning any such violation or failure.	209
Except as provided in this section, the director has no authority	210
to regulate video service in this state, including, but not	211
limited to, the rates, terms, or conditions of that service.	212

(2) In conducting an investigation under division (B)(1) of	213
this section, the director, by subpoena, may compel witnesses to	214
testify in relation to any matter over which the director has	215
jurisdiction and may require the production of any book, record,	216
or other document pertaining to that matter. If a person fails to	217
file any statement or report, obey any subpoena, give testimony,	218
produce any book, record, or other document as required by a	219
subpoena, or permit photocopying of any book, record, or other	220
document subpoenaed, the court of common pleas of any county in	221
this state, upon application made to it by the director, shall	222
compel obedience by attachment proceedings for contempt, as in the	223
case of disobedience of the requirements of a subpoena issued from	224
the court or a refusal to testify.	225

(C)(1) If the director finds that a person has violated or	226
failed to comply with division (A) of section 1332.23, division	227
(A) of this section, division (C) of section 1332.25, division (C)	228
or (D) of section 1332.26, division (A), (B), or (C) of section	229
1332.27, division (A) of section 1332.28, division (A) or (B) of	230
section 1332.29, or section 1332.30 or 1332.31 of the Revised	231
Code, and the person has failed to cure the violation or failure	232
after reasonable, written notice and reasonable time to cure, the	233
director may do any of the following:	234

(a) Apply to the court of common pleas of any county in this	235
state for an order enjoining the activity or requiring compliance.	236
Such an action shall be commenced not later than three years after	237
the date the alleged violation or failure occurred or was	238
reasonably discovered. Upon a showing by the director that the	239
person has engaged in a violation or failure to comply, the court	240
shall grant an injunction, restraining order, or other appropriate	241
relief.	242

(b) Enter into a written assurance of voluntary compliance	243
with the person;	244

(c) Pursuant to an adjudication under Chapter 119. of the	245
Revised Code, assess a civil penalty in an amount determined by	246
the director, including for any failure to comply with an	247
assurance of voluntary compliance under division (C)(1)(b) of this	248
section. The amount shall be not more than one thousand dollars	249
for each day of violation or noncompliance, not to exceed a total	250
of ten thousand dollars, counting all subscriber impacts as a	251
single violation or act of noncompliance. In determining whether a	252
civil penalty is appropriate under division (C)(1)(c) of this	253
section, the director shall consider all of the following factors:	254

(i) The seriousness of the noncompliance;

255

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

256

(iii) The person's history of noncompliance;

257

(iv) The financial resources of the person;

258

(v) Any other matter that justice requires.

259

Civil penalties collected pursuant to division (C)(1)(c) of	260
this section shall be deposited to the credit of the video service	261
enforcement fund in the state treasury, which is hereby created,	262
to be used by the department of commerce in carrying out its	263
duties under this section.	264

(2) Pursuant to an adjudication under Chapter 119. of the	265
Revised Code, the director may revoke, in whole or in part, the	266
video service authorization of any person that has repeatedly and	267
knowingly violated or failed to comply with division (A) of	268
section 1332.23, division (A) of this section, division (C) of	269
section 1332.25, division (C) or (D) of section 1332.26, division	270
(A), (B), or (C) of section 1332.27, division (A) of section	271
1332.28, division (A) or (B) of section 1332.29, or section	272
1332.30 or 1332.31 of the Revised Code and that has failed to cure	273
the violations or noncompliances after reasonable written notice	274
and reasonable time to cure. Such person acts knowingly,	275
regardless of the person's purpose, when the person is aware that	276
the person's conduct will probably cause a certain result or will	277
probably be of a certain nature. A person has knowledge of	278
circumstances when the person is aware that such circumstances	279
probably exist.	280

(3) The court shall conduct a de novo review in any appeal	281
from an adjudication under division (C)(1)(c) or (C)(2) of this	282
section.	283

(D) The public utilities commission has no authority over a	284
video service provider in its offering of video service or a cable	285
operator in its offering of cable or video service, or over any	286
person in its offering of video service pursuant to a competitive	287
video service agreement.	288

Sec. 2317.02.  The following persons shall not testify in	289
certain respects:	290

(A)(1) An attorney, concerning a communication made to the	291
attorney by a client in that relation or the attorney's advice to	292
a client, except that the attorney may testify by express consent	293
of the client or, if the client is deceased, by the express	294
consent of the surviving spouse or the executor or administrator	295
of the estate of the deceased client. However, if the client	296
voluntarily testifies or is deemed by section 2151.421 of the	297
Revised Code to have waived any testimonial privilege under this	298
division, the attorney may be compelled to testify on the same	299
subject.	300

The testimonial privilege established under this division	301
does not apply concerning a communication between a client who has	302
since died and the deceased client's attorney if the communication	303
is relevant to a dispute between parties who claim through that	304
deceased client, regardless of whether the claims are by testate	305
or intestate succession or by inter vivos transaction, and the	306
dispute addresses the competency of the deceased client when the	307
deceased client executed a document that is the basis of the	308
dispute or whether the deceased client was a victim of fraud,	309
undue influence, or duress when the deceased client executed a	310
document that is the basis of the dispute.	311

(2) An attorney, concerning a communication made to the	312
attorney by a client in that relationship or the attorney's advice	313
to a client, except that if the client is an insurance company,	314
the attorney may be compelled to testify, subject to an in camera	315
inspection by a court, about communications made by the client to	316
the attorney or by the attorney to the client that are related to	317
the attorney's aiding or furthering an ongoing or future	318
commission of bad faith by the client, if the party seeking	319
disclosure of the communications has made a prima facie showing of	320
bad faith, fraud, or criminal misconduct by the client.	321

(B)(1) A physician or a dentist concerning a communication	322
made to the physician or dentist by a patient in that relation or	323
the physician's or dentist's advice to a patient, except as	324
otherwise provided in this division, division (B)(2), and division	325
(B)(3) of this section, and except that, if the patient is deemed	326
by section 2151.421 of the Revised Code to have waived any	327
testimonial privilege under this division, the physician may be	328
compelled to testify on the same subject.	329

The testimonial privilege established under this division	330
does not apply, and a physician or dentist may testify or may be	331
compelled to testify, in any of the following circumstances:	332

(a) In any civil action, in accordance with the discovery	333
provisions of the Rules of Civil Procedure in connection with a	334
civil action, or in connection with a claim under Chapter 4123. of	335
the Revised Code, under any of the following circumstances:	336

(i) If the patient or the guardian or other legal	337
representative of the patient gives express consent;	338

(ii) If the patient is deceased, the spouse of the patient or	339
the executor or administrator of the patient's estate gives	340
express consent;	341

(iii) If a medical claim, dental claim, chiropractic claim,	342
or optometric claim, as defined in section 2305.113 of the Revised	343
Code, an action for wrongful death, any other type of civil	344
action, or a claim under Chapter 4123. of the Revised Code is	345
filed by the patient, the personal representative of the estate of	346
the patient if deceased, or the patient's guardian or other legal	347
representative.	348

(b) In any civil action concerning court-ordered treatment or	349
services received by a patient, if the court-ordered treatment or	350
services were ordered as part of a case plan journalized under	351
section 2151.412 of the Revised Code or the court-ordered	352
treatment or services are necessary or relevant to dependency,	353
neglect, or abuse or temporary or permanent custody proceedings	354
under Chapter 2151. of the Revised Code.	355

(c) In any criminal action concerning any test or the results	356
of any test that determines the presence or concentration of	357
alcohol, a drug of abuse, a combination of them, a controlled	358
substance, or a metabolite of a controlled substance in the	359
patient's whole blood, blood serum or plasma, breath, urine, or	360
other bodily substance at any time relevant to the criminal	361
offense in question.	362

(d) In any criminal action against a physician or dentist. In	363
such an action, the testimonial privilege established under this	364
division does not prohibit the admission into evidence, in	365
accordance with the Rules of Evidence, of a patient's medical or	366
dental records or other communications between a patient and the	367
physician or dentist that are related to the action and obtained	368
by subpoena, search warrant, or other lawful means. A court that	369
permits or compels a physician or dentist to testify in such an	370
action or permits the introduction into evidence of patient	371
records or other communications in such an action shall require	372
that appropriate measures be taken to ensure that the	373
confidentiality of any patient named or otherwise identified in	374
the records is maintained. Measures to ensure confidentiality that	375
may be taken by the court include sealing its records or deleting	376
specific information from its records.	377

(e)(i) If the communication was between a patient who has	378
since died and the deceased patient's physician or dentist, the	379
communication is relevant to a dispute between parties who claim	380
through that deceased patient, regardless of whether the claims	381
are by testate or intestate succession or by inter vivos	382
transaction, and the dispute addresses the competency of the	383
deceased patient when the deceased patient executed a document	384
that is the basis of the dispute or whether the deceased patient	385
was a victim of fraud, undue influence, or duress when the	386
deceased patient executed a document that is the basis of the	387
dispute.	388

(ii) If neither the spouse of a patient nor the executor or	389
administrator of that patient's estate gives consent under	390
division (B)(1)(a)(ii) of this section, testimony or the	391
disclosure of the patient's medical records by a physician,	392
dentist, or other health care provider under division (B)(1)(e)(i)	393
of this section is a permitted use or disclosure of protected	394
health information, as defined in 45 C.F.R. 160.103, and an	395
authorization or opportunity to be heard shall not be required.	396

(iii) Division (B)(1)(e)(i) of this section does not require	397
a mental health professional to disclose psychotherapy notes, as	398
defined in 45 C.F.R. 164.501.	399

(iv) An interested person who objects to testimony or	400
disclosure under division (B)(1)(e)(i) of this section may seek a	401
protective order pursuant to Civil Rule 26.	402

(v) A person to whom protected health information is	403
disclosed under division (B)(1)(e)(i) of this section shall not	404
use or disclose the protected health information for any purpose	405
other than the litigation or proceeding for which the information	406
was requested and shall return the protected health information to	407
the covered entity or destroy the protected health information,	408
including all copies made, at the conclusion of the litigation or	409
proceeding.	410

(2)(a) If any law enforcement officer submits a written	411
statement to a health care provider that states that an official	412
criminal investigation has begun regarding a specified person or	413
that a criminal action or proceeding has been commenced against a	414
specified person, that requests the provider to supply to the	415
officer copies of any records the provider possesses that pertain	416
to any test or the results of any test administered to the	417
specified person to determine the presence or concentration of	418
alcohol, a drug of abuse, a combination of them, a controlled	419
substance, or a metabolite of a controlled substance in the	420
person's whole blood, blood serum or plasma, breath, or urine at	421
any time relevant to the criminal offense in question, and that	422
conforms to section 2317.022 of the Revised Code, the provider,	423
except to the extent specifically prohibited by any law of this	424
state or of the United States, shall supply to the officer a copy	425
of any of the requested records the provider possesses. If the	426
health care provider does not possess any of the requested	427
records, the provider shall give the officer a written statement	428
that indicates that the provider does not possess any of the	429
requested records.	430

(b) If a health care provider possesses any records of the	431
type described in division (B)(2)(a) of this section regarding the	432
person in question at any time relevant to the criminal offense in	433
question, in lieu of personally testifying as to the results of	434
the test in question, the custodian of the records may submit a	435
certified copy of the records, and, upon its submission, the	436
certified copy is qualified as authentic evidence and may be	437
admitted as evidence in accordance with the Rules of Evidence.	438
Division (A) of section 2317.422 of the Revised Code does not	439
apply to any certified copy of records submitted in accordance	440
with this division. Nothing in this division shall be construed to	441
limit the right of any party to call as a witness the person who	442
administered the test to which the records pertain, the person	443
under whose supervision the test was administered, the custodian	444
of the records, the person who made the records, or the person	445
under whose supervision the records were made.	446

(3)(a) If the testimonial privilege described in division	447
(B)(1) of this section does not apply as provided in division	448
(B)(1)(a)(iii) of this section, a physician or dentist may be	449
compelled to testify or to submit to discovery under the Rules of	450
Civil Procedure only as to a communication made to the physician	451
or dentist by the patient in question in that relation, or the	452
physician's or dentist's advice to the patient in question, that	453
related causally or historically to physical or mental injuries	454
that are relevant to issues in the medical claim, dental claim,	455
chiropractic claim, or optometric claim, action for wrongful	456
death, other civil action, or claim under Chapter 4123. of the	457
Revised Code.	458

(b) If the testimonial privilege described in division (B)(1)	459
of this section does not apply to a physician or dentist as	460
provided in division (B)(1)(c) of this section, the physician or	461
dentist, in lieu of personally testifying as to the results of the	462
test in question, may submit a certified copy of those results,	463
and, upon its submission, the certified copy is qualified as	464
authentic evidence and may be admitted as evidence in accordance	465
with the Rules of Evidence. Division (A) of section 2317.422 of	466
the Revised Code does not apply to any certified copy of results	467
submitted in accordance with this division. Nothing in this	468
division shall be construed to limit the right of any party to	469
call as a witness the person who administered the test in	470
question, the person under whose supervision the test was	471
administered, the custodian of the results of the test, the person	472
who compiled the results, or the person under whose supervision	473
the results were compiled.	474

(4) The testimonial privilege described in division (B)(1) of	475
this section is not waived when a communication is made by a	476
physician to a pharmacist or when there is communication between a	477
patient and a pharmacist in furtherance of the physician-patient	478
relation.	479

(5)(a) As used in divisions (B)(1) to (4) of this section,	480
"communication" means acquiring, recording, or transmitting any	481
information, in any manner, concerning any facts, opinions, or	482
statements necessary to enable a physician or dentist to diagnose,	483
treat, prescribe, or act for a patient. A "communication" may	484
include, but is not limited to, any medical or dental, office, or	485
hospital communication such as a record, chart, letter,	486
memorandum, laboratory test and results, x-ray, photograph,	487
financial statement, diagnosis, or prognosis.	488

(b) As used in division (B)(2) of this section, "health care	489
provider" means a hospital, ambulatory care facility, long-term	490
care facility, pharmacy, emergency facility, or health care	491
practitioner.	492

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

493

(i) "Ambulatory care facility" means a facility that provides	494
medical, diagnostic, or surgical treatment to patients who do not	495
require hospitalization, including a dialysis center, ambulatory	496
surgical facility, cardiac catheterization facility, diagnostic	497
imaging center, extracorporeal shock wave lithotripsy center, home	498
health agency, inpatient hospice, birthing center, radiation	499
therapy center, emergency facility, and an urgent care center.	500
"Ambulatory health care facility" does not include the private	501
office of a physician or dentist, whether the office is for an	502
individual or group practice.	503

(ii) "Emergency facility" means a hospital emergency	504
department or any other facility that provides emergency medical	505
services.	506

(iii) "Health care practitioner" has the same meaning as in	507
section 4769.01 of the Revised Code.	508

(iv) "Hospital" has the same meaning as in section 3727.01 of	509
the Revised Code.	510

(v) "Long-term care facility" means a nursing home,	511
residential care facility, or home for the aging, as those terms	512
are defined in section 3721.01 of the Revised Code; an adult care	513
facility, as defined in section 3722.01 of the Revised Code; a	514
nursing facility or intermediate care facility for the mentally	515
retarded, as those terms are defined in section 5111.20 of the	516
Revised Code; a facility or portion of a facility certified as a	517
skilled nursing facility under Title XVIII of the "Social Security	518
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	519

(vi) "Pharmacy" has the same meaning as in section 4729.01 of	520
the Revised Code.	521

(d) As used in divisions (B)(1) and (2) of this section,	522
"drug of abuse" has the same meaning as in section 4506.01 of the	523
Revised Code.	524

(6) Divisions (B)(1), (2), (3), (4), and (5) of this section	525
apply to doctors of medicine, doctors of osteopathic medicine,	526
doctors of podiatry, and dentists.	527

(7) Nothing in divisions (B)(1) to (6) of this section	528
affects, or shall be construed as affecting, the immunity from	529
civil liability conferred by section 307.628 of the Revised Code	530
or the immunity from civil liability conferred by section 2305.33	531
of the Revised Code upon physicians who report an employee's use	532
of a drug of abuse, or a condition of an employee other than one	533
involving the use of a drug of abuse, to the employer of the	534
employee in accordance with division (B) of that section. As used	535
in division (B)(7) of this section, "employee," "employer," and	536
"physician" have the same meanings as in section 2305.33 of the	537
Revised Code.	538

(C)(1) A cleric, when the cleric remains accountable to the	539
authority of that cleric's church, denomination, or sect,	540
concerning a confession made, or any information confidentially	541
communicated, to the cleric for a religious counseling purpose in	542
the cleric's professional character. The cleric may testify by	543
express consent of the person making the communication, except	544
when the disclosure of the information is in violation of a sacred	545
trust and except that, if the person voluntarily testifies or is	546
deemed by division (A)(4)(c) of section 2151.421 of the Revised	547
Code to have waived any testimonial privilege under this division,	548
the cleric may be compelled to testify on the same subject except	549
when disclosure of the information is in violation of a sacred	550
trust.	551

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

552

(a) "Cleric" means a member of the clergy, rabbi, priest,	553
Christian Science practitioner, or regularly ordained, accredited,	554
or licensed minister of an established and legally cognizable	555
church, denomination, or sect.	556

(b) "Sacred trust" means a confession or confidential	557
communication made to a cleric in the cleric's ecclesiastical	558
capacity in the course of discipline enjoined by the church to	559
which the cleric belongs, including, but not limited to, the	560
Catholic Church, if both of the following apply:	561

(i) The confession or confidential communication was made	562
directly to the cleric.	563

(ii) The confession or confidential communication was made in	564
the manner and context that places the cleric specifically and	565
strictly under a level of confidentiality that is considered	566
inviolate by canon law or church doctrine.	567

(D) Husband or wife, concerning any communication made by one	568
to the other, or an act done by either in the presence of the	569
other, during coverture, unless the communication was made, or act	570
done, in the known presence or hearing of a third person competent	571
to be a witness; and such rule is the same if the marital relation	572
has ceased to exist;	573

(E) A person who assigns a claim or interest, concerning any	574
matter in respect to which the person would not, if a party, be	575
permitted to testify;	576

(F) A person who, if a party, would be restricted under	577
section 2317.03 of the Revised Code, when the property or thing is	578
sold or transferred by an executor, administrator, guardian,	579
trustee, heir, devisee, or legatee, shall be restricted in the	580
same manner in any action or proceeding concerning the property or	581
thing.	582

(G)(1) A school guidance counselor who holds a valid educator	583
license from the state board of education as provided for in	584
section 3319.22 of the Revised Code, a person licensed under	585
Chapter 4757. of the Revised Code as a professional clinical	586
counselor, professional counselor, social worker, independent	587
social worker, marriage and family therapist or independent	588
marriage and family therapist, or registered under Chapter 4757.	589
of the Revised Code as a social work assistant concerning a	590
confidential communication received from a client in that relation	591
or the person's advice to a client unless any of the following	592
applies:	593

(a) The communication or advice indicates clear and present	594
danger to the client or other persons. For the purposes of this	595
division, cases in which there are indications of present or past	596
child abuse or neglect of the client constitute a clear and	597
present danger.	598

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

599

(c) If the client is deceased, the surviving spouse or the	600
executor or administrator of the estate of the deceased client	601
gives express consent.	602

(d) The client voluntarily testifies, in which case the	603
school guidance counselor or person licensed or registered under	604
Chapter 4757. of the Revised Code may be compelled to testify on	605
the same subject.	606

(e) The court in camera determines that the information	607
communicated by the client is not germane to the counselor-client,	608
marriage and family therapist-client, or social worker-client	609
relationship.	610

(f) A court, in an action brought against a school, its	611
administration, or any of its personnel by the client, rules after	612
an in-camera inspection that the testimony of the school guidance	613
counselor is relevant to that action.	614

(g) The testimony is sought in a civil action and concerns	615
court-ordered treatment or services received by a patient as part	616
of a case plan journalized under section 2151.412 of the Revised	617
Code or the court-ordered treatment or services are necessary or	618
relevant to dependency, neglect, or abuse or temporary or	619
permanent custody proceedings under Chapter 2151. of the Revised	620
Code.	621

(2) Nothing in division (G)(1) of this section shall relieve	622
a school guidance counselor or a person licensed or registered	623
under Chapter 4757. of the Revised Code from the requirement to	624
report information concerning child abuse or neglect under section	625
2151.421 of the Revised Code.	626

(H) A mediator acting under a mediation order issued under	627
division (A) of section 3109.052 of the Revised Code or otherwise	628
issued in any proceeding for divorce, dissolution, legal	629
separation, annulment, or the allocation of parental rights and	630
responsibilities for the care of children, in any action or	631
proceeding, other than a criminal, delinquency, child abuse, child	632
neglect, or dependent child action or proceeding, that is brought	633
by or against either parent who takes part in mediation in	634
accordance with the order and that pertains to the mediation	635
process, to any information discussed or presented in the	636
mediation process, to the allocation of parental rights and	637
responsibilities for the care of the parents' children, or to the	638
awarding of parenting time rights in relation to their children;	639

(I) A communications assistant, acting within the scope of	640
the communication assistant's authority, when providing	641
telecommunications relay service pursuant to section 4931.35	642
4931.06 of the Revised Code or Title II of the "Communications Act	643
of 1934," 104 Stat. 366 (1990), 47 U.S.C. 225, concerning a	644
communication made through a telecommunications relay service.	645
Nothing in this section shall limit the obligation of a	646
communications assistant to divulge information or testify when	647
mandated by federal law or regulation or pursuant to subpoena in a	648
criminal proceeding.	649

Nothing in this section shall limit any immunity or privilege	650
granted under federal law or regulation.	651

(J)(1) A chiropractor in a civil proceeding concerning a	652
communication made to the chiropractor by a patient in that	653
relation or the chiropractor's advice to a patient, except as	654
otherwise provided in this division. The testimonial privilege	655
established under this division does not apply, and a chiropractor	656
may testify or may be compelled to testify, in any civil action,	657
in accordance with the discovery provisions of the Rules of Civil	658
Procedure in connection with a civil action, or in connection with	659
a claim under Chapter 4123. of the Revised Code, under any of the	660
following circumstances:	661

(a) If the patient or the guardian or other legal	662
representative of the patient gives express consent.	663

(b) If the patient is deceased, the spouse of the patient or	664
the executor or administrator of the patient's estate gives	665
express consent.	666

(c) If a medical claim, dental claim, chiropractic claim, or	667
optometric claim, as defined in section 2305.113 of the Revised	668
Code, an action for wrongful death, any other type of civil	669
action, or a claim under Chapter 4123. of the Revised Code is	670
filed by the patient, the personal representative of the estate of	671
the patient if deceased, or the patient's guardian or other legal	672
representative.	673

(2) If the testimonial privilege described in division (J)(1)	674
of this section does not apply as provided in division (J)(1)(c)	675
of this section, a chiropractor may be compelled to testify or to	676
submit to discovery under the Rules of Civil Procedure only as to	677
a communication made to the chiropractor by the patient in	678
question in that relation, or the chiropractor's advice to the	679
patient in question, that related causally or historically to	680
physical or mental injuries that are relevant to issues in the	681
medical claim, dental claim, chiropractic claim, or optometric	682
claim, action for wrongful death, other civil action, or claim	683
under Chapter 4123. of the Revised Code.	684

(3) The testimonial privilege established under this division	685
does not apply, and a chiropractor may testify or be compelled to	686
testify, in any criminal action or administrative proceeding.	687

(4) As used in this division, "communication" means	688
acquiring, recording, or transmitting any information, in any	689
manner, concerning any facts, opinions, or statements necessary to	690
enable a chiropractor to diagnose, treat, or act for a patient. A	691
communication may include, but is not limited to, any	692
chiropractic, office, or hospital communication such as a record,	693
chart, letter, memorandum, laboratory test and results, x-ray,	694
photograph, financial statement, diagnosis, or prognosis.	695

(K)(1) Except as provided under division (K)(2) of this	696
section, a critical incident stress management team member	697
concerning a communication received from an individual who	698
receives crisis response services from the team member, or the	699
team member's advice to the individual, during a debriefing	700
session.	701

(2) The testimonial privilege established under division	702
(K)(1) of this section does not apply if any of the following are	703
true:	704

(a) The communication or advice indicates clear and present	705
danger to the individual who receives crisis response services or	706
to other persons. For purposes of this division, cases in which	707
there are indications of present or past child abuse or neglect of	708
the individual constitute a clear and present danger.	709

(b) The individual who received crisis response services	710
gives express consent to the testimony.	711

(c) If the individual who received crisis response services	712
is deceased, the surviving spouse or the executor or administrator	713
of the estate of the deceased individual gives express consent.	714

(d) The individual who received crisis response services	715
voluntarily testifies, in which case the team member may be	716
compelled to testify on the same subject.	717

(e) The court in camera determines that the information	718
communicated by the individual who received crisis response	719
services is not germane to the relationship between the individual	720
and the team member.	721

(f) The communication or advice pertains or is related to any	722
criminal act.	723

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

724

(a) "Crisis response services" means consultation, risk	725
assessment, referral, and on-site crisis intervention services	726
provided by a critical incident stress management team to	727
individuals affected by crisis or disaster.	728

(b) "Critical incident stress management team member" or	729
"team member" means an individual specially trained to provide	730
crisis response services as a member of an organized community or	731
local crisis response team that holds membership in the Ohio	732
critical incident stress management network.	733

(c) "Debriefing session" means a session at which crisis	734
response services are rendered by a critical incident stress	735
management team member during or after a crisis or disaster.	736

(L)(1) Subject to division (L)(2) of this section and except	737
as provided in division (L)(3) of this section, an employee	738
assistance professional, concerning a communication made to the	739
employee assistance professional by a client in the employee	740
assistance professional's official capacity as an employee	741
assistance professional.	742

(2) Division (L)(1) of this section applies to an employee	743
assistance professional who meets either or both of the following	744
requirements:	745

(a) Is certified by the employee assistance certification	746
commission to engage in the employee assistance profession;	747

(b) Has education, training, and experience in all of the	748
following:	749

(i) Providing workplace-based services designed to address	750
employer and employee productivity issues;	751

(ii) Providing assistance to employees and employees'	752
dependents in identifying and finding the means to resolve	753
personal problems that affect the employees or the employees'	754
performance;	755

(iii) Identifying and resolving productivity problems	756
associated with an employee's concerns about any of the following	757
matters: health, marriage, family, finances, substance abuse or	758
other addiction, workplace, law, and emotional issues;	759

(iv) Selecting and evaluating available community resources;

760

(v) Making appropriate referrals;

761

(vi) Local and national employee assistance agreements;

762

(vii) Client confidentiality.

763

(3) Division (L)(1) of this section does not apply to any of	764
the following:	765

(a) A criminal action or proceeding involving an offense	766
under sections 2903.01 to 2903.06 of the Revised Code if the	767
employee assistance professional's disclosure or testimony relates	768
directly to the facts or immediate circumstances of the offense;	769

(b) A communication made by a client to an employee	770
assistance professional that reveals the contemplation or	771
commission of a crime or serious, harmful act;	772

(c) A communication that is made by a client who is an	773
unemancipated minor or an adult adjudicated to be incompetent and	774
indicates that the client was the victim of a crime or abuse;	775

(d) A civil proceeding to determine an individual's mental	776
competency or a criminal action in which a plea of not guilty by	777
reason of insanity is entered;	778

(e) A civil or criminal malpractice action brought against	779
the employee assistance professional;	780

(f) When the employee assistance professional has the express	781
consent of the client or, if the client is deceased or disabled,	782
the client's legal representative;	783

(g) When the testimonial privilege otherwise provided by	784
division (L)(1) of this section is abrogated under law.	785

Sec. 2917.21.  (A) No person shall knowingly make or cause to	786
be made a telecommunication, or knowingly permit a	787
telecommunication to be made from a telecommunications device	788
under the person's control, to another, if the caller does any of	789
the following:	790

(1) Fails to identify the caller to the recipient of the	791
telecommunication and makes the telecommunication with purpose to	792
harass or abuse any person at the premises to which the	793
telecommunication is made, whether or not actual communication	794
takes place between the caller and a recipient;	795

(2) Describes, suggests, requests, or proposes that the	796
caller, the recipient of the telecommunication, or any other	797
person engage in sexual activity, and the recipient or another	798
person at the premises to which the telecommunication is made has	799
requested, in a previous telecommunication or in the immediate	800
telecommunication, that the caller not make a telecommunication to	801
the recipient or to the premises to which the telecommunication is	802
made;	803

(3) During the telecommunication, violates section 2903.21 of	804
the Revised Code;	805

(4) Knowingly states to the recipient of the	806
telecommunication that the caller intends to cause damage to or	807
destroy public or private property, and the recipient, any member	808
of the recipient's family, or any other person who resides at the	809
premises to which the telecommunication is made owns, leases,	810
resides, or works in, will at the time of the destruction or	811
damaging be near or in, has the responsibility of protecting, or	812
insures the property that will be destroyed or damaged;	813

(5) Knowingly makes the telecommunication to the recipient of	814
the telecommunication, to another person at the premises to which	815
the telecommunication is made, or to those premises, and the	816
recipient or another person at those premises previously has told	817
the caller not to make a telecommunication to those premises or to	818
any persons at those premises.	819

(B) No person shall make or cause to be made a	820
telecommunication, or permit a telecommunication to be made from a	821
telecommunications device under the person's control, with purpose	822
to abuse, threaten, or harass another person.	823

(C)(1) Whoever violates this section is guilty of	824
telecommunications harassment.	825

(2) A violation of division (A)(1), (2), (3), or (5) or (B)	826
of this section is a misdemeanor of the first degree on a first	827
offense and a felony of the fifth degree on each subsequent	828
offense.	829

(3) Except as otherwise provided in division (C)(3) of this	830
section, a violation of division (A)(4) of this section is a	831
misdemeanor of the first degree on a first offense and a felony of	832
the fifth degree on each subsequent offense. If a violation of	833
division (A)(4) of this section results in economic harm of five	834
hundred dollars or more but less than five thousand dollars,	835
telecommunications harassment is a felony of the fifth degree. If	836
a violation of division (A)(4) of this section results in economic	837
harm of five thousand dollars or more but less than one hundred	838
thousand dollars, telecommunications harassment is a felony of the	839
fourth degree. If a violation of division (A)(4) of this section	840
results in economic harm of one hundred thousand dollars or more,	841
telecommunications harassment is a felony of the third degree.	842

(D) No cause of action may be asserted in any court of this	843
state against any provider of a telecommunications service or	844
information service, or against any officer, employee, or agent of	845
a telecommunication service or information service, for any	846
injury, death, or loss to person or property that allegedly arises	847
out of the provider's, officer's, employee's, or agent's provision	848
of information, facilities, or assistance in accordance with the	849
terms of a court order that is issued in relation to the	850
investigation or prosecution of an alleged violation of this	851
section or section 4931.31 of the Revised Code. A provider of a	852
telecommunications service or information service, or an officer,	853
employee, or agent of a telecommunications service or information	854
service, is immune from any civil or criminal liability for	855
injury, death, or loss to person or property that allegedly arises	856
out of the provider's, officer's, employee's, or agent's provision	857
of information, facilities, or assistance in accordance with the	858
terms of a court order that is issued in relation to the	859
investigation or prosecution of an alleged violation of this	860
section or section 4931.31 of the Revised Code.	861

(E) As used in this section:

862

(1) "Economic harm" means all direct, incidental, and	863
consequential pecuniary harm suffered by a victim as a result of	864
criminal conduct. "Economic harm" includes, but is not limited to,	865
all of the following:	866

(a) All wages, salaries, or other compensation lost as a	867
result of the criminal conduct;	868

(b) The cost of all wages, salaries, or other compensation	869
paid to employees for time those employees are prevented from	870
working as a result of the criminal conduct;	871

(c) The overhead costs incurred for the time that a business	872
is shut down as a result of the criminal conduct;	873

(d) The loss of value to tangible or intangible property that	874
was damaged as a result of the criminal conduct.	875

(2) "Caller" means the person described in division (A) of	876
this section who makes or causes to be made a telecommunication or	877
who permits a telecommunication to be made from a	878
telecommunications device under that person's control.	879

(3) "Telecommunication" and "telecommunications device" have	880
the same meanings as in section 2913.01 of the Revised Code.	881

(4) "Sexual activity" has the same meaning as in section	882
2907.01 of the Revised Code.	883

(F) Nothing in this section prohibits a person from making a	884
telecommunication to a debtor that is in compliance with the "Fair	885
Debt Collection Practices Act," 91 Stat. 874 (1977), 15 U.S.C.	886
1692, as amended, or the "Telephone Consumer Protection Act," 105	887
Stat. 2395 (1991), 47 U.S.C. 227, as amended.	888

Sec. 2929.01.  As used in this chapter:

889

(A)(1) "Alternative residential facility" means, subject to	890
division (A)(2) of this section, any facility other than an	891
offender's home or residence in which an offender is assigned to	892
live and that satisfies all of the following criteria:	893

(a) It provides programs through which the offender may seek	894
or maintain employment or may receive education, training,	895
treatment, or habilitation.	896

(b) It has received the appropriate license or certificate	897
for any specialized education, training, treatment, habilitation,	898
or other service that it provides from the government agency that	899
is responsible for licensing or certifying that type of education,	900
training, treatment, habilitation, or service.	901

(2) "Alternative residential facility" does not include a	902
community-based correctional facility, jail, halfway house, or	903
prison.	904

(B) "Basic probation supervision" means a requirement that	905
the offender maintain contact with a person appointed to supervise	906
the offender in accordance with sanctions imposed by the court or	907
imposed by the parole board pursuant to section 2967.28 of the	908
Revised Code. "Basic probation supervision" includes basic parole	909
supervision and basic post-release control supervision.	910

(C) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and	911
"unit dose" have the same meanings as in section 2925.01 of the	912
Revised Code.	913

(D) "Community-based correctional facility" means a	914
community-based correctional facility and program or district	915
community-based correctional facility and program developed	916
pursuant to sections 2301.51 to 2301.58 of the Revised Code.	917

(E) "Community control sanction" means a sanction that is not	918
a prison term and that is described in section 2929.15, 2929.16,	919
2929.17, or 2929.18 of the Revised Code or a sanction that is not	920
a jail term and that is described in section 2929.26, 2929.27, or	921
2929.28 of the Revised Code. "Community control sanction" includes	922
probation if the sentence involved was imposed for a felony that	923
was committed prior to July 1, 1996, or if the sentence involved	924
was imposed for a misdemeanor that was committed prior to January	925
1, 2004.	926

(F) "Controlled substance," "marihuana," "schedule I," and	927
"schedule II" have the same meanings as in section 3719.01 of the	928
Revised Code.	929

(G) "Curfew" means a requirement that an offender during a	930
specified period of time be at a designated place.	931

(H) "Day reporting" means a sanction pursuant to which an	932
offender is required each day to report to and leave a center or	933
other approved reporting location at specified times in order to	934
participate in work, education or training, treatment, and other	935
approved programs at the center or outside the center.	936

(I) "Deadly weapon" has the same meaning as in section	937
2923.11 of the Revised Code.	938

(J) "Drug and alcohol use monitoring" means a program under	939
which an offender agrees to submit to random chemical analysis of	940
the offender's blood, breath, or urine to determine whether the	941
offender has ingested any alcohol or other drugs.	942

(K) "Drug treatment program" means any program under which a	943
person undergoes assessment and treatment designed to reduce or	944
completely eliminate the person's physical or emotional reliance	945
upon alcohol, another drug, or alcohol and another drug and under	946
which the person may be required to receive assessment and	947
treatment on an outpatient basis or may be required to reside at a	948
facility other than the person's home or residence while	949
undergoing assessment and treatment.	950

(L) "Economic loss" means any economic detriment suffered by	951
a victim as a direct and proximate result of the commission of an	952
offense and includes any loss of income due to lost time at work	953
because of any injury caused to the victim, and any property loss,	954
medical cost, or funeral expense incurred as a result of the	955
commission of the offense. "Economic loss" does not include	956
non-economic loss or any punitive or exemplary damages.	957

(M) "Education or training" includes study at, or in	958
conjunction with a program offered by, a university, college, or	959
technical college or vocational study and also includes the	960
completion of primary school, secondary school, and literacy	961
curricula or their equivalent.	962

(N) "Firearm" has the same meaning as in section 2923.11 of	963
the Revised Code.	964

(O) "Halfway house" means a facility licensed by the division	965
of parole and community services of the department of	966
rehabilitation and correction pursuant to section 2967.14 of the	967
Revised Code as a suitable facility for the care and treatment of	968
adult offenders.	969

(P) "House arrest" means a period of confinement of an	970
offender that is in the offender's home or in other premises	971
specified by the sentencing court or by the parole board pursuant	972
to section 2967.28 of the Revised Code and during which all of the	973
following apply:	974

(1) The offender is required to remain in the offender's home	975
or other specified premises for the specified period of	976
confinement, except for periods of time during which the offender	977
is at the offender's place of employment or at other premises as	978
authorized by the sentencing court or by the parole board.	979

(2) The offender is required to report periodically to a	980
person designated by the court or parole board.	981

(3) The offender is subject to any other restrictions and	982
requirements that may be imposed by the sentencing court or by the	983
parole board.	984

(Q) "Intensive probation supervision" means a requirement	985
that an offender maintain frequent contact with a person appointed	986
by the court, or by the parole board pursuant to section 2967.28	987
of the Revised Code, to supervise the offender while the offender	988
is seeking or maintaining necessary employment and participating	989
in training, education, and treatment programs as required in the	990
court's or parole board's order. "Intensive probation supervision"	991
includes intensive parole supervision and intensive post-release	992
control supervision.	993

(R) "Jail" means a jail, workhouse, minimum security jail, or	994
other residential facility used for the confinement of alleged or	995
convicted offenders that is operated by a political subdivision or	996
a combination of political subdivisions of this state.	997

(S) "Jail term" means the term in a jail that a sentencing	998
court imposes or is authorized to impose pursuant to section	999
2929.24 or 2929.25 of the Revised Code or pursuant to any other	1000
provision of the Revised Code that authorizes a term in a jail for	1001
a misdemeanor conviction.	1002

(T) "Mandatory jail term" means the term in a jail that a	1003
sentencing court is required to impose pursuant to division (G) of	1004
section 1547.99 of the Revised Code, division (E) of section	1005
2903.06 or division (D) of section 2903.08 of the Revised Code,	1006
division (E) or (G) of section 2929.24 of the Revised Code,	1007
division (B) of section 4510.14 of the Revised Code, or division	1008
(G) of section 4511.19 of the Revised Code or pursuant to any	1009
other provision of the Revised Code that requires a term in a jail	1010
for a misdemeanor conviction.	1011

(U) "Delinquent child" has the same meaning as in section	1012
2152.02 of the Revised Code.	1013

(V) "License violation report" means a report that is made by	1014
a sentencing court, or by the parole board pursuant to section	1015
2967.28 of the Revised Code, to the regulatory or licensing board	1016
or agency that issued an offender a professional license or a	1017
license or permit to do business in this state and that specifies	1018
that the offender has been convicted of or pleaded guilty to an	1019
offense that may violate the conditions under which the offender's	1020
professional license or license or permit to do business in this	1021
state was granted or an offense for which the offender's	1022
professional license or license or permit to do business in this	1023
state may be revoked or suspended.	1024

(W) "Major drug offender" means an offender who is convicted	1025
of or pleads guilty to the possession of, sale of, or offer to	1026
sell any drug, compound, mixture, preparation, or substance that	1027
consists of or contains at least one thousand grams of hashish; at	1028
least one hundred grams of crack cocaine; at least one thousand	1029
grams of cocaine that is not crack cocaine; at least two thousand	1030
five hundred unit doses or two hundred fifty grams of heroin; at	1031
least five thousand unit doses of L.S.D. or five hundred grams of	1032
L.S.D. in a liquid concentrate, liquid extract, or liquid	1033
distillate form; or at least one hundred times the amount of any	1034
other schedule I or II controlled substance other than marihuana	1035
that is necessary to commit a felony of the third degree pursuant	1036
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	1037
Code that is based on the possession of, sale of, or offer to sell	1038
the controlled substance.	1039

(X) "Mandatory prison term" means any of the following:

1040

(1) Subject to division (X)(2) of this section, the term in	1041
prison that must be imposed for the offenses or circumstances set	1042
forth in divisions (F)(1) to (8) or (F)(12) to (18) of section	1043
2929.13 and division (D) of section 2929.14 of the Revised Code.	1044
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,	1045
and 2925.11 of the Revised Code, unless the maximum or another	1046
specific term is required under section 2929.14 or 2929.142 of the	1047
Revised Code, a mandatory prison term described in this division	1048
may be any prison term authorized for the level of offense.	1049

(2) The term of sixty or one hundred twenty days in prison	1050
that a sentencing court is required to impose for a third or	1051
fourth degree felony OVI offense pursuant to division (G)(2) of	1052
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	1053
of the Revised Code or the term of one, two, three, four, or five	1054
years in prison that a sentencing court is required to impose	1055
pursuant to division (G)(2) of section 2929.13 of the Revised	1056
Code.	1057

(3) The term in prison imposed pursuant to division (A) of	1058
section 2971.03 of the Revised Code for the offenses and in the	1059
circumstances described in division (F)(11) of section 2929.13 of	1060
the Revised Code or pursuant to division (B)(1)(a), (b), or (c),	1061
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	1062
2971.03 of the Revised Code and that term as modified or	1063
terminated pursuant to section 2971.05 of the Revised Code.	1064

(Y) "Monitored time" means a period of time during which an	1065
offender continues to be under the control of the sentencing court	1066
or parole board, subject to no conditions other than leading a	1067
law-abiding life.	1068

(Z) "Offender" means a person who, in this state, is	1069
convicted of or pleads guilty to a felony or a misdemeanor.	1070

(AA) "Prison" means a residential facility used for the	1071
confinement of convicted felony offenders that is under the	1072
control of the department of rehabilitation and correction but	1073
does not include a violation sanction center operated under	1074
authority of section 2967.141 of the Revised Code.	1075

(BB) "Prison term" includes either of the following sanctions	1076
for an offender:	1077

(1) A stated prison term;

1078

(2) A term in a prison shortened by, or with the approval of,	1079
the sentencing court pursuant to section 2929.20, 2967.26,	1080
5120.031, 5120.032, or 5120.073 of the Revised Code.	1081

(CC) "Repeat violent offender" means a person about whom both	1082
of the following apply:	1083

(1) The person is being sentenced for committing or for	1084
complicity in committing any of the following:	1085

(a) Aggravated murder, murder, any felony of the first or	1086
second degree that is an offense of violence, or an attempt to	1087
commit any of these offenses if the attempt is a felony of the	1088
first or second degree;	1089

(b) An offense under an existing or former law of this state,	1090
another state, or the United States that is or was substantially	1091
equivalent to an offense described in division (CC)(1)(a) of this	1092
section.	1093

(2) The person previously was convicted of or pleaded guilty	1094
to an offense described in division (CC)(1)(a) or (b) of this	1095
section.	1096

(DD) "Sanction" means any penalty imposed upon an offender	1097
who is convicted of or pleads guilty to an offense, as punishment	1098
for the offense. "Sanction" includes any sanction imposed pursuant	1099
to any provision of sections 2929.14 to 2929.18 or 2929.24 to	1100
2929.28 of the Revised Code.	1101

(EE) "Sentence" means the sanction or combination of	1102
sanctions imposed by the sentencing court on an offender who is	1103
convicted of or pleads guilty to an offense.	1104

(FF) "Stated prison term" means the prison term, mandatory	1105
prison term, or combination of all prison terms and mandatory	1106
prison terms imposed by the sentencing court pursuant to section	1107
2929.14, 2929.142, or 2971.03 of the Revised Code or under section	1108
2919.25 of the Revised Code. "Stated prison term" includes any	1109
credit received by the offender for time spent in jail awaiting	1110
trial, sentencing, or transfer to prison for the offense and any	1111
time spent under house arrest or house arrest with electronic	1112
monitoring imposed after earning credits pursuant to section	1113
2967.193 of the Revised Code.	1114

(GG) "Victim-offender mediation" means a reconciliation or	1115
mediation program that involves an offender and the victim of the	1116
offense committed by the offender and that includes a meeting in	1117
which the offender and the victim may discuss the offense, discuss	1118
restitution, and consider other sanctions for the offense.	1119

(HH) "Fourth degree felony OVI offense" means a violation of	1120
division (A) of section 4511.19 of the Revised Code that, under	1121
division (G) of that section, is a felony of the fourth degree.	1122

(II) "Mandatory term of local incarceration" means the term	1123
of sixty or one hundred twenty days in a jail, a community-based	1124
correctional facility, a halfway house, or an alternative	1125
residential facility that a sentencing court may impose upon a	1126
person who is convicted of or pleads guilty to a fourth degree	1127
felony OVI offense pursuant to division (G)(1) of section 2929.13	1128
of the Revised Code and division (G)(1)(d) or (e) of section	1129
4511.19 of the Revised Code.	1130

(JJ) "Designated homicide, assault, or kidnapping offense,"	1131
"violent sex offense," "sexual motivation specification,"	1132
"sexually violent offense," "sexually violent predator," and	1133
"sexually violent predator specification" have the same meanings	1134
as in section 2971.01 of the Revised Code.	1135

(KK) "Sexually oriented offense," "child-victim oriented	1136
offense," and "tier III sex offender/child-victim offender," have	1137
the same meanings as in section 2950.01 of the Revised Code.	1138

(LL) An offense is "committed in the vicinity of a child" if	1139
the offender commits the offense within thirty feet of or within	1140
the same residential unit as a child who is under eighteen years	1141
of age, regardless of whether the offender knows the age of the	1142
child or whether the offender knows the offense is being committed	1143
within thirty feet of or within the same residential unit as the	1144
child and regardless of whether the child actually views the	1145
commission of the offense.	1146

(MM) "Family or household member" has the same meaning as in	1147
section 2919.25 of the Revised Code.	1148

(NN) "Motor vehicle" and "manufactured home" have the same	1149
meanings as in section 4501.01 of the Revised Code.	1150

(OO) "Detention" and "detention facility" have the same	1151
meanings as in section 2921.01 of the Revised Code.	1152

(PP) "Third degree felony OVI offense" means a violation of	1153
division (A) of section 4511.19 of the Revised Code that, under	1154
division (G) of that section, is a felony of the third degree.	1155

(QQ) "Random drug testing" has the same meaning as in section	1156
5120.63 of the Revised Code.	1157

(RR) "Felony sex offense" has the same meaning as in section	1158
2967.28 of the Revised Code.	1159

(SS) "Body armor" has the same meaning as in section	1160
2941.1411 of the Revised Code.	1161

(TT) "Electronic monitoring" means monitoring through the use	1162
of an electronic monitoring device.	1163

(UU) "Electronic monitoring device" means any of the	1164
following:	1165

(1) Any device that can be operated by electrical or battery	1166
power and that conforms with all of the following:	1167

(a) The device has a transmitter that can be attached to a	1168
person, that will transmit a specified signal to a receiver of the	1169
type described in division (UU)(1)(b) of this section if the	1170
transmitter is removed from the person, turned off, or altered in	1171
any manner without prior court approval in relation to electronic	1172
monitoring or without prior approval of the department of	1173
rehabilitation and correction in relation to the use of an	1174
electronic monitoring device for an inmate on transitional control	1175
or otherwise is tampered with, that can transmit continuously and	1176
periodically a signal to that receiver when the person is within a	1177
specified distance from the receiver, and that can transmit an	1178
appropriate signal to that receiver if the person to whom it is	1179
attached travels a specified distance from that receiver.	1180

(b) The device has a receiver that can receive continuously	1181
the signals transmitted by a transmitter of the type described in	1182
division (UU)(1)(a) of this section, can transmit continuously	1183
those signals by a wireless or landline telephone connection to a	1184
central monitoring computer of the type described in division	1185
(UU)(1)(c) of this section, and can transmit continuously an	1186
appropriate signal to that central monitoring computer if the	1187
receiver isdevice has been turned off or altered without prior	1188
court approval or otherwise tampered with. The device is designed	1189
specifically for use in electronic monitoring, is not a converted	1190
wireless phone or another tracking device that is clearly not	1191
designed for electronic monitoring, and provides a means of	1192
text-based or voice communication with the person.	1193

(c) The device has a central monitoring computer that can	1194
receive continuously the signals transmitted by a wireless or	1195
landline telephone connection by a receiver of the type described	1196
in division (UU)(1)(b) of this section and can monitor	1197
continuously the person to whom an electronic monitoring device of	1198
the type described in division (UU)(1)(a) of this section is	1199
attached.	1200

(2) Any device that is not a device of the type described in	1201
division (UU)(1) of this section and that conforms with all of the	1202
following:	1203

(a) The device includes a transmitter and receiver that can	1204
monitor and determine the location of a subject person at any	1205
time, or at a designated point in time, through the use of a	1206
central monitoring computer or through other electronic means.	1207

(b) The device includes a transmitter and receiver that can	1208
determine at any time, or at a designated point in time, through	1209
the use of a central monitoring computer or other electronic means	1210
the fact that the transmitter is turned off or altered in any	1211
manner without prior approval of the court in relation to the	1212
electronic monitoring or without prior approval of the department	1213
of rehabilitation and correction in relation to the use of an	1214
electronic monitoring device for an inmate on transitional control	1215
or otherwise is tampered with.	1216

(3) Any type of technology that can adequately track or	1217
determine the location of a subject person at any time and that is	1218
approved by the director of rehabilitation and correction,	1219
including, but not limited to, any satellite technology, voice	1220
tracking system, or retinal scanning system that is so approved.	1221

(VV) "Non-economic loss" means nonpecuniary harm suffered by	1222
a victim of an offense as a result of or related to the commission	1223
of the offense, including, but not limited to, pain and suffering;	1224
loss of society, consortium, companionship, care, assistance,	1225
attention, protection, advice, guidance, counsel, instruction,	1226
training, or education; mental anguish; and any other intangible	1227
loss.	1228

(WW) "Prosecutor" has the same meaning as in section 2935.01	1229
of the Revised Code.	1230

(XX) "Continuous alcohol monitoring" means the ability to	1231
automatically test and periodically transmit alcohol consumption	1232
levels and tamper attempts at least every hour, regardless of the	1233
location of the person who is being monitored.	1234

(YY) A person is "adjudicated a sexually violent predator" if	1235
the person is convicted of or pleads guilty to a violent sex	1236
offense and also is convicted of or pleads guilty to a sexually	1237
violent predator specification that was included in the	1238
indictment, count in the indictment, or information charging that	1239
violent sex offense or if the person is convicted of or pleads	1240
guilty to a designated homicide, assault, or kidnapping offense	1241
and also is convicted of or pleads guilty to both a sexual	1242
motivation specification and a sexually violent predator	1243
specification that were included in the indictment, count in the	1244
indictment, or information charging that designated homicide,	1245
assault, or kidnapping offense.	1246

(ZZ) An offense is "committed in proximity to a school" if	1247
the offender commits the offense in a school safety zone or within	1248
five hundred feet of any school building or the boundaries of any	1249
school premises, regardless of whether the offender knows the	1250
offense is being committed in a school safety zone or within five	1251
hundred feet of any school building or the boundaries of any	1252
school premises.	1253

(AAA) "Human trafficking" means a scheme or plan to which all	1254
of the following apply:	1255

(1) Its object is to compel a victim or victims to engage in	1256
sexual activity for hire, to engage in a performance that is	1257
obscene, sexually oriented, or nudity oriented, or to be a model	1258
or participant in the production of material that is obscene,	1259
sexually oriented, or nudity oriented.	1260

(2) It involves at least two felony offenses, whether or not	1261
there has been a prior conviction for any of the felony offenses,	1262
to which all of the following apply:	1263

(a) Each of the felony offenses is a violation of section	1264
2905.01, 2905.02, 2907.21, 2907.22, or 2923.32, division (A)(1) or	1265
(2) of section 2907.323, or division (B)(1), (2), (3), (4), or (5)	1266
of section 2919.22 of the Revised Code or is a violation of a law	1267
of any state other than this state that is substantially similar	1268
to any of the sections or divisions of the Revised Code identified	1269
in this division.	1270

(b) At least one of the felony offenses was committed in this	1271
state.	1272

(c) The felony offenses are related to the same scheme or	1273
plan, are not isolated instances, and are not so closely related	1274
to each other and connected in time and place that they constitute	1275
a single event or transaction.	1276

(BBB) "Material," "nudity," "obscene," "performance," and	1277
"sexual activity" have the same meanings as in section 2907.01 of	1278
the Revised Code.	1279

(CCC) "Material that is obscene, sexually oriented, or nudity	1280
oriented" means any material that is obscene, that shows a person	1281
participating or engaging in sexual activity, masturbation, or	1282
bestiality, or that shows a person in a state of nudity.	1283

(DDD) "Performance that is obscene, sexually oriented, or	1284
nudity oriented" means any performance that is obscene, that shows	1285
a person participating or engaging in sexual activity,	1286
masturbation, or bestiality, or that shows a person in a state of	1287
nudity.	1288

Sec. 4901.01.  As used in sections 4901.01 to 4901.24,	1289
inclusive, of the Revised Code:	1290

(A) "Public utility" has the same meaning set forthas in	1291
section 4905.02 of the Revised Code.	1292

(B) "Telegraph company," "telephone company," "electric light	1293
company," "gas company," "natural gas company," "pipe-line	1294
company," "water-works company," "sewage disposal system company,"	1295
"heating or cooling company," "messenger company," "street railway	1296
company," "suburban railroad company," "interurban railroad	1297
company," and "motor-propelled vehicle" have the meaning set forth	1298
in section 4905.03 of the Revised Code.	1299

(C) "Railroad" has the same meaning set forthas in section	1300
4907.02 of the Revised Code.	1301

(D) "Motor transportation company" has the meaning set forth	1302
in sections 4905.03 and 4921.02 of the Revised Code.	1303

(E) "Trailer," "public highway," "fixed termini," "regular	1304
route," and "irregular route" have the meaning set forth in	1305
section 4921.02 of the Revised Code.	1306

(F) "Private motor carrier," "contract carrier by motor	1307
vehicle," "motor vehicle," and "charter party trip" have the	1308
meaning set forth in section 4923.02 of the Revised Code.	1309

Sec. 4901.02.  (A) There is hereby created the public	1310
utilities commission of Ohio, by which name the commission may sue	1311
and be sued. The commission shall consist of five public utilities	1312
commissioners appointed by the governor with the advice and	1313
consent of the senate. The governor shall designate one of such	1314
commissioners to be the chairmanchairperson of the commission.	1315
The chairmanchairperson of the commission shall serve as chairman	1316
chairperson at the governor's pleasure. The commissioners shall be	1317
selected from the lists of qualified persons submitted to the	1318
governor by the public utilities commission nominating council	1319
pursuant to section 4901.021 of the bRevisedRevised Code. Not	1320
more than three of said commissioners shall belong to or be	1321
affiliated with the same political party. The commission shall	1322
possess the powers and duties specified in, as well as all powers	1323
necessary and proper to carry out the purposes of Chapters 4901.,	1324
4903., 4905., 4907., 4909., 4921., and 4923., and 4927. of the	1325
Revised Code.	1326

(B) A majority of the public utilities commissioners	1327
constitutes a quorum.	1328

(C) The terms of office of public utilities commissioners	1329
shall be for five years, commencing on the eleventh day of April	1330
and ending on the tenth day of April, except that terms of the	1331
first commissioners shall be for one, two, three, four, and five	1332
years, respectively, as designated by the governor at the time of	1333
appointment. Each commissioner shall hold office from the date of	1334
his appointment until the end of the term for which hethe	1335
commissioner was appointed. Any commissioner appointed to fill a	1336
vacancy occurring prior to the expiration of the term for which he	1337
the commissioner was appointed shall hold office for the remainder	1338
of such term. Any commissioner shall continue in office subsequent	1339
to the expiration date of the term for which hethe commissioner	1340
was appointed until histhe commissioner's successor takes office,	1341
or until a period of sixty days has elapsed, whichever occurs	1342
first. Each vacancy shall be filled by appointment within sixty	1343
days after the vacancy occurs.	1344

(D) Public utilities commissioners shall have at least three	1345
years of experience in one or more of the following fields:	1346
economics, law, finance, accounting, engineering, physical or	1347
natural sciences, natural resources, or environmental studies. At	1348
least one commissioner shall be an attorney admitted to the	1349
practice of law in any state or the District of Columbia.	1350

(E) The chairmanchairperson of the commission shall be the	1351
head of the commission and its chief executive officer. The	1352
appointment or removal of employees of the commission or any	1353
division thereof, and all contracts for special service, are	1354
subject to the approval of the chairmanchairperson. The chairman	1355
chairperson shall designate one of the commissioners to act as	1356
deputy chairmanchairperson, who shall possess during the absence	1357
or disability of the chairmanchairperson, all of the powers of	1358
the chairmanchairperson.	1359

Sec. 4901.11.  The public utilities commission may procure	1360
all necessary books, maps, charts, stationery, instruments, office	1361
furniture, apparatus, and appliances, including telephone and	1362
telegraph service, and may purchase from the interstate commerce	1363
commission blank forms for the use of railroads and other	1364
utilities in making their annual reports, necessary for the proper	1365
administration of the affairs of saidthe public utilities	1366
commission, which expenses shall be audited and paid in the same	1367
manner as other expenses.	1368

Sec. 4901.15.  The public utilities commission shall,	1369
whenever called upon by any officer, board, or commission of this	1370
state or any political subdivision of this state, furnish any data	1371
or information to such officer, board, or commission and shall aid	1372
or assist any such officer, board, or commission in performing the	1373
official duties of his or its office. All officers, boards, or	1374
commissions of this state or any political subdivision of this	1375
state, shall furnish to the commission, upon request, any data or	1376
information whichthat will assist the commission in the discharge	1377
of the duties imposed upon it by Chapters 4901., 4903., 4905.,	1378
4907., 4909., 4921., 4923., and 4925.4927. of the Revised Code.	1379

Sec. 4901.22.  Each of the public utilities commissioners,	1380
for the purposes mentioned in Chapters 4901., 4903., 4905., 4907.,	1381
4909., 4921., 4923., and 4925.4927. of the Revised Code, may	1382
administer oaths, certify to official acts, issue subpoenas, and	1383
compel the attendance of witnesses and the production of papers,	1384
waybills, books, accounts, documents, and testimony.	1385

Sec. 4903.01.  As used in sections 4903.01 to 4903.25,	1386
inclusive, of the Revised Code:	1387

(A) "Public utility" has the same meaning set forthas in	1388
section 4905.02 of the Revised Code.	1389

(B) "Telegraph company," "telephone company," "electric light	1390
company," "gas company," "natural gas company," "pipe-line	1391
company," "water-works company," "sewage disposal system company,"	1392
"heating or cooling company," "messenger company," "street railway	1393
company," "suburban railroad company," "interurban railroad	1394
company," and "motor-propelled vehicle" have the meaning set forth	1395
in section 4905.03 of the Revised Code.	1396

(C) "Railroad" has the same meaning set forthas in section	1397
4907.02 of the Revised Code.	1398

(D) "Motor transportation company" has the meaning set forth	1399
in sections 4905.03 and 4921.02 of the Revised Code.	1400

(E) "Trailer," "public highway," "fixed termini," "regular	1401
route," and "irregular route" have the meaning set forth in	1402
section 4921.02 of the Revised Code.	1403

(F) "Private motor carrier," "contract carrier by motor	1404
vehicle," "motor vehicle," and "charter party trip" have the	1405
meaning set forth in section 4923.02 of the Revised Code.	1406

Sec. 4903.20.  All actions and proceedings in the supreme	1407
court under Chapters 4901., 4903., 4905., 4906., 4907., 4909.,	1408
4921., and 4923., and 4927. of the Revised Code, and all actions	1409
of proceedings to which the public utilities commission, power	1410
siting board, or this state is a party, and in which any question	1411
arises under suchthose chapters, or under or concerning any order	1412
or decision of the commission or the board, to reverse, vacate, or	1413
modify an order of the commission or the board, shall be taken up	1414
and disposed of by the court out of their order on the docket.	1415

Sec. 4903.22.  Except when otherwise provided by law, all	1416
processes in actions and proceedings in a court arising under	1417
Chapters 4901., 4903., 4905., 4906., 4907., 4909., 4921., 4923.,	1418
and 4925.4927. of the Revised Code shall be served, and the	1419
practice and rules of evidence in such actions and proceedings	1420
shall be the same, as in civil actions. A sheriff or other officer	1421
empowered to execute civil processes shall execute process issued	1422
under suchthose chapters and receive compensation therefor as	1423
prescribed by law for like services.	1424

Sec. 4903.23.  The public utilities commission or power	1425
siting board may charge and collect a fee, which shall not exceed	1426
cost, for furnishing any copy of any paper, record, testimony, or	1427
writing made, taken, or filed under Chapters 4901., 4903., 4905.,	1428
4906., 4907., 4909., 4921., and 4923., and 4927. of the Revised	1429
Code, except such transcript and other papers as are required to	1430
be filed in any court proceedings authorized in suchthose	1431
chapters, whether under seal and certified to or otherwise; and	1432
may charge and collect a fee for certifying a document, which	1433
shall not exceed that charged by the secretary of state under	1434
division (K) of section 111.16 of the Revised Code. All such fees,	1435
itemized, shall be paid into the state treasury on the first day	1436
of each month.	1437

Upon application of any person and payment of the proper fee,	1438
the commission or board shall furnish certified copies under the	1439
seal of the commission or board of any order made by it, which	1440
order is prima-facie evidence in any court of the facts stated in	1441
such copies. The copies of schedules, classifications, and tariffs	1442
of rates, tolls, prices, rentals, regulations, practices,	1443
services, fares, and charges, and copies of all contracts,	1444
agreements, and arrangements between public utilities and	1445
railroads, or either, filed with the commission, and the	1446
statistics, tables, and figures contained in the annual or other	1447
reports of such companies made to the commission as required by	1448
suchthe chapters, shall be preserved as public records in the	1449
custody of the commission and shall be received as prima-facie	1450
evidence of what they purport to be, for the purpose of	1451
investigations and prosecutions by the commission and in all	1452
judicial proceedings. Copies of and extracts from any of such	1453
schedules, classifications, tariffs, contracts, agreements,	1454
arrangements, or reports, made public records, certified by the	1455
commission under its seal, shall be received in evidence with like	1456
effect as the originals.	1457

Sec. 4905.01.  As used in this chapter:

1458

(A) "Railroad" has the same meaning set forthas in section	1459
4907.02 of the Revised Code.	1460

(B) "Motor transportation company" has the same meaning set	1461
forthas in sections 4905.03 and 4921.02 of the Revised Code.	1462

(C) "Trailer," and "public highway," "fixed termini,"	1463
"regular route," and "irregular route" have the same meanings set	1464
forthas in section 4921.02 of the Revised Code.	1465

(D) "Private motor carrier," "contract carrier by motor	1466
vehicle,"and "motor vehicle," and "charter party trip" have the	1467
same meanings set forthas in section 4923.02 of the Revised Code.	1468

(E) "Ohio coal research and development costs" means all	1469
reasonable costs associated with a facility or project undertaken	1470
by a public utility for which a recommendation to allow the	1471
recovery of costs associated therewith has been made under	1472
division (B)(7) of section 1551.33 of the Revised Code, including,	1473
but not limited to, capital costs, such as costs of debt and	1474
equity; construction and operation costs; termination and	1475
retirement costs; costs of feasibility and marketing studies	1476
associated with the project; and the acquisition and delivery	1477
costs of Ohio coal used in the project, less any expenditures of	1478
grant moneys.	1479

Sec. 4905.02.  As used in this chapter, "public utility"	1480
includes every corporation, company, copartnership, person, or	1481
association, theirthe lessees, trustees, or receivers of the	1482
foregoing, defined in section 4905.03 of the Revised Code,	1483
including allany public utilitiesutility that operate their	1484
utilitiesoperates its utility not for profit, except the	1485
following:	1486

(A) ElectricAn electric light companiescompany that operate	1487
their utilitiesoperates its utility not for profit;	1488

(B) Public utilitiesA public utility, other than a telephone	1489
companiescompany, that areis owned and operated exclusively by	1490
and solely for the utilities'utility's customers, including any	1491
consumer or group of consumers purchasing, delivering, storing, or	1492
transporting, or seeking to purchase, deliver, store, or	1493
transport, natural gas exclusively by and solely for the	1494
consumer's or consumers' own intended use as the end user or end	1495
users and not for profit;	1496

(C) Public utilitiesA public utility that areis owned or	1497
operated by any municipal corporation;	1498

(D) RailroadsA railroad as defined in sections 4907.02 and	1499
4907.03 of the Revised Code;	1500

(E) Any provider, including a telephone company, with respect	1501
to its provision of any of the following:	1502

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

1503

(2) Broadband service, however defined or classified by the	1504
federal communications commission;	1505

(3) Information service as defined in the "Telecommunications	1506
Act of 1996," 110 Stat. 59, 47 U.S.C. 153(20);	1507

(4) Subject to division (A) of section 4927.03 of the Revised	1508
Code, internet protocol-enabled services as defined in section	1509
4927.01 of the Revised Code;	1510

(5) Subject to division (A) of section 4927.03 of the Revised	1511
Code, any telecommunications service as defined in section 4927.01	1512
of the Revised Code to which both of the following apply:	1513

(a) The service was not commercially available on the	1514
effective date of the amendment of this section by S.B. 162 of the	1515
128th general assembly.	1516

(b) The service employs technology that became available for	1517
commercial use only after the effective date of the amendment of	1518
this section by S.B. 162 of the 128th general assembly.	1519

Sec. 4905.03.  As used in this chapter:

1520

(A) Any person, firm, copartnership, voluntary association,	1521
joint-stock association, company, or corporation, wherever	1522
organized or incorporated, is:	1523

(1) A telegraph company, when engaged in the business of	1524
transmitting telegraphic messages to, from, through, or in this	1525
state;	1526

(2) A telephone company, when engaged in the business of	1527
transmitting telephonic messages to, from, through, or in this	1528
state and as such is a common carrier;	1529

(3)(2) A motor transportation company, when engaged in the	1530
business of carrying and transporting persons or property or the	1531
business of providing or furnishing such transportation service,	1532
for hire, in or by motor-propelled vehicles of any kind, including	1533
trailers, for the public in general, over any public street, road,	1534
or highway in this state, except as provided in section 4921.02 of	1535
the Revised Code;	1536

(4)(3) An electric light company, when engaged in the	1537
business of supplying electricity for light, heat, or power	1538
purposes to consumers within this state, including supplying	1539
electric transmission service for electricity delivered to	1540
consumers in this state, but excluding a regional transmission	1541
organization approved by the federal energy regulatory commission;	1542

(5)(4) A gas company, when engaged in the business of	1543
supplying artificial gas for lighting, power, or heating purposes	1544
to consumers within this state or when engaged in the business of	1545
supplying artificial gas to gas companies or to natural gas	1546
companies within this state, but a producer engaged in supplying	1547
to one or more gas or natural gas companies, only such artificial	1548
gas as is manufactured by that producer as a by-product of some	1549
other process in which the producer is primarily engaged within	1550
this state is not thereby a gas company. All rates, rentals,	1551
tolls, schedules, charges of any kind, or agreements between any	1552
gas company and any other gas company or any natural gas company	1553
providing for the supplying of artificial gas and for compensation	1554
for the same are subject to the jurisdiction of the public	1555
utilities commission.	1556

(6)(5) A natural gas company, when engaged in the business of	1557
supplying natural gas for lighting, power, or heating purposes to	1558
consumers within this state. Notwithstanding the above, neither	1559
the delivery nor sale of Ohio-produced natural gas by a producer	1560
or gatherer under a public utilities commission-ordered exemption,	1561
adopted before, as to producers, or after, as to producers or	1562
gatherers, January 1, 1996, or the delivery or sale of	1563
Ohio-produced natural gas by a producer or gatherer of	1564
Ohio-produced natural gas, either to a lessor under an oil and gas	1565
lease of the land on which the producer's drilling unit is	1566
located, or the grantor incident to a right-of-way or easement to	1567
the producer or gatherer, shall cause the producer or gatherer to	1568
be a natural gas company for the purposes of this section.	1569

All rates, rentals, tolls, schedules, charges of any kind, or	1570
agreements between a natural gas company and other natural gas	1571
companies or gas companies providing for the supply of natural gas	1572
and for compensation for the same are subject to the jurisdiction	1573
of the public utilities commission. The commission, upon	1574
application made to it, may relieve any producer or gatherer of	1575
natural gas, defined in this section as a gas company or a natural	1576
gas company, of compliance with the obligations imposed by this	1577
chapter and Chapters 4901., 4903., 4907., 4909., 4921., and 4923.	1578
of the Revised Code, so long as the producer or gatherer is not	1579
affiliated with or under the control of a gas company or a natural	1580
gas company engaged in the transportation or distribution of	1581
natural gas, or so long as the producer or gatherer does not	1582
engage in the distribution of natural gas to consumers.	1583

Nothing in division (A)(6)(5) of this section limits the	1584
authority of the commission to enforce sections 4905.90 to 4905.96	1585
of the Revised Code.	1586

(7)(6) A pipe-line company, when engaged in the business of	1587
transporting natural gas, oil, or coal or its derivatives through	1588
pipes or tubing, either wholly or partly within this state;	1589

(8)(7) A water-works company, when engaged in the business of	1590
supplying water through pipes or tubing, or in a similar manner,	1591
to consumers within this state;	1592

(9)(8) A heating or cooling company, when engaged in the	1593
business of supplying water, steam, or air through pipes or tubing	1594
to consumers within this state for heating or cooling purposes;	1595

(10)(9) A messenger company, when engaged in the business of	1596
supplying messengers for any purpose;	1597

(11)(10) A street railway company, when engaged in the	1598
business of operating as a common carrier, a railway, wholly or	1599
partly within this state, with one or more tracks upon, along,	1600
above, or below any public road, street, alleyway, or ground,	1601
within any municipal corporation, operated by any motive power	1602
other than steam and not a part of an interurban railroad, whether	1603
the railway is termed street, inclined-plane, elevated, or	1604
underground railway;	1605

(12)(11) A suburban railroad company, when engaged in the	1606
business of operating as a common carrier, whether wholly or	1607
partially within this state, a part of a street railway	1608
constructed or extended beyond the limits of a municipal	1609
corporation, and not a part of an interurban railroad;	1610

(13)(12) An interurban railroad company, when engaged in the	1611
business of operating a railroad, wholly or partially within this	1612
state, with one or more tracks from one municipal corporation or	1613
point in this state to another municipal corporation or point in	1614
this state, whether constructed upon the public highways or upon	1615
private rights-of-way, outside of municipal corporations, using	1616
electricity or other motive power than steam power for the	1617
transportation of passengers, packages, express matter, United	1618
States mail, baggage, and freight. Such an interurban railroad	1619
company is included in the term "railroad" as used in section	1620
4907.02 of the Revised Code.	1621

(14)(13) A sewage disposal system company, when engaged in	1622
the business of sewage disposal services through pipes or tubing,	1623
and treatment works, or in a similar manner, within this state.	1624

(B) "Motor-propelled vehicle" means any automobile,	1625
automobile truck, motor bus, or any other self-propelled vehicle	1626
not operated or driven upon fixed rails or tracks.	1627

Sec. 4905.04. (A) The public utilities commission is hereby	1628
vested with the power and jurisdiction to supervise and regulate	1629
public utilities and railroads, to require all public utilities to	1630
furnish their products and render all services exacted by the	1631
commission or by law, and to promulgate and enforce all orders	1632
relating to the protection, welfare, and safety of railroad	1633
employees and the traveling public, including the apportionment	1634
between railroads and the state and its political subdivisions of	1635
the cost of constructing protective devices at railroad grade	1636
crossings.	1637

(B) Subject to sections 4905.041 and 4905.042 of the Revised	1638
Code, division (A) of this section includes such power and	1639
jurisdiction as is reasonably necessary for the commission to	1640
perform pursuant to federal law, including federal regulations,	1641
the acts of a state commission as defined in 47 U.S.C. 153.	1642

Sec. 4905.09.  A substantial compliance by the public	1643
utilities commission with the requirements of Chapters 4901.,	1644
4903., 4905., 4907., 4909., 4921., 4923., and 4925.4927. of the	1645
Revised Code is sufficient to give effect to all its rules,and	1646
orders, acts, and regulations. SuchThose rules,and orders,acts,	1647
and regulations shall not be declared inoperative, illegal, or	1648
void for an omission of a technical nature in respect to such	1649
requirements. SuchAnd, those chapters do not affect, modify, or	1650
repeal any law fixing the rate whichthat a company operating a	1651
railroad may demand and receive for the transportation of	1652
passengers.	1653

Sec. 4905.12.  A railroad company or telegraph company which	1654
that violates section 4905.10, 4907.13, or 4907.15 of the Revised	1655
Code shall forfeit to the state one thousand dollars, and	1656
twenty-five dollars for each day suchthe company fails to comply	1657
with a requirement of any such sectionssection. SuchThe	1658
forfeiture does not release suchthe company from the assessment	1659
provided in section 4905.10 of the Revised Code.	1660

Sec. 4905.14.  (A)(1) Every public utility shall file an	1661
annual report with the public utilities commission. The report	1662
shall be filed at the time and in the form prescribed by the	1663
commission, shall be duly verified, and shall cover the yearly	1664
period fixed by the commission. The commission shall prescribe the	1665
character of the information to be embodied in the annual report,	1666
and shall furnish to each public utility a blank form for it.	1667
Every public utility also shall file a copy of the annual report	1668
with the office of the consumers' counsel; the copy shall be filed	1669
at the same time that the original is filed with the commission.	1670
If any annual report filed with the commission is defective or	1671
erroneous, the commission may order that it be amended within a	1672
prescribed time. Any amendments made pursuant to such an order	1673
shall be filed with the commission and with the office of the	1674
consumers' counsel. Each annual report filed with the commission	1675
shall be preserved in the office of the commission. The commission	1676
may, at any time, require specific answers to questions upon which	1677
it desires information.	1678

(2)(a) Except as provided in division (A)(2)(b) of this	1679
section, in the case of a telephone company, including a wireless	1680
service provider, the annual report shall be limited to	1681
information necessary for the commission to calculate the	1682
assessment provided for in section 4905.10 of the Revised Code.	1683
The commission shall protect any confidential information in every	1684
company and provider report.	1685

(b) With respect to a telephone company subject to section	1686
4905.71 of the Revised Code, the commission shall adopt rules that	1687
require such a telephone company to also include in the annual	1688
report information required by the commission to calculate pole	1689
attachment and conduit occupancy rates and any other information	1690
the commission determines necessary and requires by rule for the	1691
commission to fulfill its responsibility under section 4905.71 of	1692
the Revised Code.	1693

(B) On the first day of July and the first day of November of	1694
each year, each gas company and natural gas company shall file	1695
with the commission a report in quintuplicate stating:	1696

(1) The total demand, stated in terms of cubic feet, that the	1697
company projects will be expected of the company for the following	1698
twelve months;	1699

(2) The pertinent details of supply contracts with pipeline	1700
companies and producers for the following twelve months that they	1701
have executed and the quantity of the gas that they will possess	1702
in storage and will be available for delivery as of the first day	1703
of July and the first day of November;	1704

(3) Where it appears from a comparison of the information	1705
reported in division (B)(1) of this section with that reported in	1706
division (B)(2) of this section that the total demand projected by	1707
the company for the twelve months following the date of the report	1708
will exceed the ability of the company to furnish it, the means	1709
which the company intends to employ in order to prevent any	1710
interruption or curtailment of service.	1711

(C) The public utilities commission may require any telephone	1712
company to file with its annual report, supplementary reports of	1713
each exchange area owned or operated by it, in such detail as the	1714
commission may prescribe. Upon request of fifteen per cent of the	1715
subscribers of any telephone exchange, the public utilities	1716
commission shall require the report for such exchange area.	1717

Sec. 4905.16.  When and as required by the public utilities	1718
commission, every public utility shall file with it a copy of any	1719
contract, agreement, or arrangement, in writing, with any other	1720
public utility relating in any way to the construction,	1721
maintenance, or use of its plant or property, or to any service,	1722
rate, or charge.	1723

Unless otherwise ordered by the commission each telephone	1724
company shall file with the commission a copy of any contract,	1725
agreement, note, bond, or other arrangement entered into with any	1726
telephone management, service or operating company.	1727

Sec. 4905.18.  Every public utility shall carry a proper and	1728
adequate depreciation or deferred maintenance account, whenever	1729
the public utilities commission, after investigation, determines	1730
that a depreciation account can be reasonably required. The	1731
commission shall ascertain, determine, and prescribe what are	1732
proper and adequate charges for depreciation of the several	1733
classes of property for each public utility. The public utility	1734
commission shall require every telephone company to carry a proper	1735
and adequate depreciation or deferred maintenance account and	1736
shall ascertain, determine, and prescribe what are proper and	1737
adequate charges in each exchange area of such company. The charge	1738
for depreciation shall be such as will provide the amount required	1739
over the cost and expense of maintenance to keep the property of	1740
the public utility in a state of efficiency corresponding to the	1741
progress of the art or industry. The commission may prescribe such	1742
changes in such charges for depreciation as it finds necessary.	1743

Sec. 4905.20.  No railroad as defined in section 4907.02 of	1744
the Revised Code, operating any railroad in this state, and no	1745
public utility as defined in section 4905.02 of the Revised Code	1746
furnishing service or facilities within this state, shall abandon	1747
or be required to abandon or withdraw any main track or depot of a	1748
railroad, or main pipe line, gas line, telegraph line, telephone	1749
toll line, electric light line, water line, sewer line, steam pipe	1750
line, or any portion thereof, pumping station, generating plant,	1751
power station, sewage treatment plant, or service station of a	1752
public utility, or the service rendered thereby, whichthat has	1753
once been laid, constructed, opened, and used for public business,	1754
nor shall any such facility be closed for traffic or service	1755
thereon, therein, or thereover except as provided in section	1756
4905.21 of the Revised Code. Any railroad or public utility	1757
violating this section shall forfeit and pay into the state	1758
treasury not less than one hundred dollars, nor more than one	1759
thousand dollars, and shall be subject to all other legal and	1760
equitable remedies for the enforcement of this section and section	1761
4905.21 of the Revised Code.	1762

Sec. 4905.21.  Any railroad or any political subdivision	1763
desiring to abandon, close, or have abandoned, withdrawn, or	1764
closed for traffic or service all or any part of a main track or	1765
depot, and any public utility or political subdivision desiring to	1766
abandon or close, or have abandoned, withdrawn, or closed for	1767
traffic or service all or any part of any line, pumping station,	1768
generating plant, power station, sewage treatment plant, or	1769
service station, referred to in section 4905.20 of the Revised	1770
Code, shall make application to the public utilities commission in	1771
writing. The commission shall thereupon cause reasonable notice of	1772
the application to be given, stating the time and place fixed by	1773
the commission for the hearing of the application.	1774

Upon the hearing of the application, the commission shall	1775
ascertain the facts and make its findings thereon, and if such	1776
facts satisfy the commission that the proposed abandonment,	1777
withdrawal, or closing for traffic or service is reasonable,	1778
having due regard for the welfare of the public and the cost of	1779
operating the service or facility, it may allow such abandonment,	1780
withdrawal, or closing; otherwise it shall be denied, or if the	1781
facts warrant, the application may be granted in a modified form.	1782
If the application asks for the abandonment or withdrawal of any	1783
main track, main pipe line, gas line, telegraph line, telephone	1784
toll line, electric light line, water line, sewer line, steam pipe	1785
line, pumping station, generating plant, power station, sewage	1786
treatment plant, service station, or the service rendered thereby,	1787
in such manner as can result in the permanent abandonment of	1788
service between any two points on such railroad, or of service and	1789
facilities of any such public utility, no application shall be	1790
granted unless the railroad or public utility has operated the	1791
track, pipe line, gas line, telegraph line, telephone toll line,	1792
electric light line, water line, sewer line, steam pipe line,	1793
pumping station, generating plant, power station, sewage treatment	1794
plant, or service station for at least five years. SuchThe notice	1795
shall be given by publication in a newspaper of general	1796
circulation throughout any county or municipal corporation which	1797
that has granted a franchise to the railroad or public utility,	1798
under which the track, pipe line, gas line, telegraph line,	1799
telephone toll line, electric light line, water line, sewer line,	1800
steam pipe line, pumping station, generating plant, power station,	1801
sewage treatment plant, or service station is operated or in which	1802
the same is located, once a week for two consecutive weeks before	1803
the hearing of the application. Notice of the hearing shall be	1804
given such county, municipal corporation, or public utility in the	1805
manner provided for the service of orders of the commission in	1806
section 4903.15 of the Revised Code. This section and section	1807
4905.20 of the Revised Code do not apply to a gas company when it	1808
is removing or exchanging abandoned field lines.	1809

This section applies to all service now rendered and	1810
facilities furnished or hereafter built and operated, and an order	1811
of the commission authorizing the abandonment or withdrawal of any	1812
such service or facility shall not affect rights and obligations	1813
of a railroad or public utility beyond the scope of the order,	1814
anything in its franchise to the contrary notwithstanding.	1815

Sec. 4905.26.  Upon complaint in writing against any public	1816
utility by any person, firm, or corporation, or upon the	1817
initiative or complaint of the public utilities commission, that	1818
any rate, fare, charge, toll, rental, schedule, classification, or	1819
service, or any joint rate, fare, charge, toll, rental, schedule,	1820
classification, or service rendered, charged, demanded, exacted,	1821
or proposed to be rendered, charged, demanded, or exacted, is in	1822
any respect unjust, unreasonable, unjustly discriminatory,	1823
unjustly preferential, or in violation of law, or that any	1824
regulation, measurement, or practice affecting or relating to any	1825
service furnished by the public utility, or in connection with	1826
such service, is, or will be, in any respect unreasonable, unjust,	1827
insufficient, unjustly discriminatory, or unjustly preferential,	1828
or that any service is, or will be, inadequate or cannot be	1829
obtained, and, upon complaint of a public utility as to any matter	1830
affecting its own product or service, if it appears that	1831
reasonable grounds for complaint are stated, the commission shall	1832
fix a time for hearing and shall notify complainants and the	1833
public utility thereof. SuchThe notice shall be served not less	1834
than fifteen days before hearing and shall state the matters	1835
complained of. The commission may adjourn such hearing from time	1836
to time.	1837

The parties to the complaint shall be entitled to be heard,	1838
represented by counsel, and to have process to enforce the	1839
attendance of witnesses.	1840

Upon the filing of a complaint by one hundred subscribers or	1841
five per cent of the subscribers to any telephone exchange,	1842
whichever number be smaller, or by the legislative authority of	1843
any municipal corporation served by such telephone company that	1844
any regulation, measurement, standard of service, or practice	1845
affecting or relating to any service furnished by the telephone	1846
company, or in connection with such service is, or will be, in any	1847
respect unreasonable, unjust, discriminatory, or preferential, or	1848
that any service is, or will be, inadequate or cannot be obtained,	1849
the commission shall fix a time for the hearing of such complaint.	1850

The hearing provided for in the next preceding paragraph	1851
shall be held in the county wherein resides the majority of the	1852
signers of such complaint, or wherein is located such municipal	1853
corporation. Notice of the date, time of day, and location of the	1854
hearing shall be served upon the telephone company complained of,	1855
upon each municipal corporation served by the telephone company in	1856
the county or counties affected, and shall be published for not	1857
less than two consecutive weeks in a newspaper of general	1858
circulation in the county or counties affected.	1859

Such hearing shall be held not less than fifteen nor more	1860
than thirty days after the second publication of such notice.	1861

Sec. 4905.30. Every(A) A public utility shall print and	1862
file with the public utilities commission schedules showing all	1863
rates, joint rates, rentals, tolls, classifications, and charges	1864
for service of every kind furnished by it, and all rules and	1865
regulations affecting them. SuchThe schedules shall be plainly	1866
printed and kept open to public inspection. The commission may	1867
prescribe the form of every such schedule, and may prescribe, by	1868
order, changes in the form of such schedules. The commission may	1869
establish and modify rules and regulations for keeping such	1870
schedules open to public inspection. A copy of suchthe schedules,	1871
or so much thereof as the commission deems necessary for the use	1872
and information of the public, shall be printed in plain type and	1873
kept on file or posted in such places and in such manner as the	1874
commission orders.	1875

(B) Division (A) of this section applies to a telephone	1876
company only regarding rates, joint rates, tolls, classifications,	1877
charges, rules, and regulations established pursuant to sections	1878
4905.71, 4927.12, 4927.13, 4927.14, 4927.15, 4927.18, and 4931.47	1879
of the Revised Code.	1880

Sec. 4905.34.  Except as provided in sections 4905.33 and	1881
4905.35 and Chapter 4928. of the Revised Code, Chapters 4901.,	1882
4903., 4905., 4907., 4909., 4921., and 4923., and 4927. of the	1883
Revised Code do not prevent any public utility or railroad from	1884
granting any of its property for any public purpose, or granting	1885
reduced rates or free service of any kind to the United States, to	1886
the state or any political subdivision of the state, for	1887
charitable purposes, for fairs or expositions, to a law	1888
enforcement officer residing in free housing provided pursuant to	1889
section 3735.43 of the Revised Code, or to any officer or employee	1890
of such public utility or railroad or the officer's or employee's	1891
family. All contracts and agreements made or entered into by such	1892
public utility or railroad for such use, reduced rates, or free	1893
service are valid and enforcible at law. As used in this section,	1894
"employee" includes furloughed, pensioned, and superannuated	1895
employees.	1896

Sec. 4905.40.  (A) A public utility or a railroad may, when	1897
authorized by order of the public utilities commission, issue	1898
stocks, bonds, notes, and other evidences of indebtedness, payable	1899
at periods of more than twelve months after their date of	1900
issuance, when necessary:	1901

(1) For the acquisition of property, the construction,	1902
completion, extension, renewal, or improvement of its facilities,	1903
or the improvement of its service; or	1904

(2) For reorganization or readjustment of its indebtedness	1905
and capitalization, for the discharge or lawful refunding of its	1906
obligation, or for the reimbursement of moneys actually expended	1907
for such purposes from income or from any other moneys in the	1908
treasury of the public utility or railroad not secured or obtained	1909
from the issue of stocks, bonds, notes, or other evidences of	1910
indebtedness of such public utility or railroad. No reimbursement	1911
of moneys expended for such purposes from income or other moneys	1912
in the treasury shall be authorized unless the applicant has kept	1913
its accounts and vouchers of such expenditures in such manner as	1914
to enable the commission to ascertain the amount and purposes of	1915
such expenditures.	1916

(B) Any public utility, subject to the jurisdiction of the	1917
commission, may, when authorized by the commission, issue shares	1918
of common capital stock to acquire or pay for shares of common	1919
capital stock of a public utility of this or an adjoining state	1920
whose property is so located as to permit the operation of the	1921
properties of such utilities as an integrated system if the	1922
applicant owns, or by this issue will acquire, not less than	1923
sixty-five per cent of the issued and outstanding common capital	1924
shares of the company whose shares are to be acquired, and if the	1925
consideration to be capitalized by the acquiring company does not	1926
exceed the par or stated value at which the shares so acquired	1927
were issued.	1928

(C) Any bonds, notes, or other evidences of indebtedness	1929
payable at periods of more than twelve months after their date may	1930
be issued as provided in sections 4905.40 to 4905.43 of the	1931
Revised Code, regardless of the amount of the capital stock of the	1932
public utility or railroad, subject to the approval of the	1933
commission of the excess of such bonds, notes, or other evidences	1934
of indebtedness above the amount of the capital stock of such	1935
public utility or railroad.	1936

(D) The commission shall authorize on the best terms	1937
obtainable such issues of stocks, bonds, and other evidences of	1938
indebtedness as are necessary to enable any public utility to	1939
comply with any contract made between such public utility and any	1940
municipal corporation prior to June 30, 1911.	1941

(E) The commission may authorize a public utility that is an	1942
electric light company to issue equity securities, or debt	1943
securities having a term of more than twelve months from the date	1944
of issuance, for the purpose of yielding to the company the	1945
capacity to acquire a facility that produces fuel for the	1946
generation of electricity.	1947

(F) In any proceeding under division (A)(1) of this section	1948
initiated by a public utility, the commission shall determine and	1949
set forth in its order:	1950

(1) Whether the purpose to which the issue or any proceeds of	1951
it shall be applied was or is reasonably required by the utility	1952
to meet its present and prospective obligations to provide utility	1953
service;	1954

(2) Whether the amount of the issue and the probable cost of	1955
such stocks, bonds, notes, or other evidences of indebtedness is	1956
just and reasonable;	1957

(3) What effect, if any, the issuance of such stocks, bonds,	1958
notes, or other evidences of indebtedness and the cost thereof	1959
will have upon the present and prospective revenue requirements of	1960
the utility.	1961

(G) Sections 4905.40 to 4905.42 of the Revised Code do not	1962
apply to stocks, bonds, notes, or other evidence of indebtedness	1963
issued for the purpose of financing oil or natural gas drilling,	1964
producing, gathering, and associated activities and facilities by	1965
a producer which supplies to no more than twenty purchasers only	1966
such gas as is produced, gathered, or purchased by such producer	1967
within this state.	1968

(H) Each public utility seeking authorization from the	1969
commission for the issuance of securities to finance the	1970
installation, construction, extension, or improvement of an air	1971
quality facility, as defined in section 3706.01 of the Revised	1972
Code, shall consider the availability of financing therefor from	1973
the Ohio air quality development authority and shall demonstrate	1974
to the commission that the proposed financing will be obtained on	1975
the best terms obtainable.	1976

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

1977

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

1978

(1) "Control" means the possession of the power to direct the	1979
management and policies of a domestic telephone company or a	1980
holding company of a domestic telephone company, or the management	1981
and policies of a domestic electric utility or a holding company	1982
of a domestic electric utility, through the ownership of voting	1983
securities, by contract, or otherwise, but does not include the	1984
power that results from holding an official position or the	1985
possession of corporate office with the domestic company or	1986
utility or the holding company. Control is presumed to exist if	1987
any person, directly or indirectly, owns, controls, holds the	1988
power to vote, or holds with the power to vote proxies that	1989
constitute, twenty per cent or more of the total voting power of	1990
the domestic company or utility or the holding company.	1991

(2) "Electric utility" has the same meaning as in section	1992
4928.07 of the Revised Code.	1993

(3) "Holding company" excludes any securities broker	1994
performing the usual and customary broker's function.	1995

(4) "Telephone company" means any company described in	1996
division (A)(2)(1) of section 4905.03 of the Revised Code that is	1997
a public utility under section 4905.02 of the Revised Code and	1998
provides basic local exchange service, as defined in section	1999
4927.01 of the Revised Code.	2000

(B) No person shall acquire control, directly or indirectly,	2001
of a domestic telephone company or a holding company controlling a	2002
domestic telephone company or of a domestic electric utility or a	2003
holding company controlling a domestic electric utility unless	2004
that person obtains the prior approval of the public utilities	2005
commission under this section. To obtain approval the person shall	2006
file an application with the commission demonstrating that the	2007
acquisition will promote public convenience and result in the	2008
provision of adequate service for a reasonable rate, rental, toll,	2009
or charge. The application shall contain such information as the	2010
commission may require. If the commission considers a hearing	2011
necessary, it may fix a time and place for hearing. If, after	2012
review of the application and after any necessary hearing, the	2013
commission is satisfied that approval of the application will	2014
promote public convenience and result in the provision of adequate	2015
service for a reasonable rate, rental, toll, or charge, the	2016
commission shall approve the application and make such order as it	2017
considers proper. If the commission fails to issue an order within	2018
thirty days of the filing of the application, or within twenty	2019
days of the conclusion of a hearing, if one is held, the	2020
application shall be deemed approved by operation of law.	2021

(C) No domestic telephone company shall merge with another	2022
domestic telephone company unless the merging companies obtain the	2023
prior approval of the commission. An application seeking such	2024
approval shall be filed, processed, and decided in the manner	2025
provided for an application under division (B) of this section.	2026

(D) The commission shall adopt such rules as it finds	2027
necessary to carry out the provisions of this section.	2028

(D)(E) If it appears to the commission or to any person that	2029
may be adversely affected that any person is engaged in or about	2030
to engage in any acts or practices that would violate division (B)	2031
or (C) of this section or any provision of a rule adopted under	2032
this section, the attorney general, when directed to do so by the	2033
commission, or the person claiming to be adversely affected may	2034
bring an action in any court of common pleas that has jurisdiction	2035
and venue to enjoin such acts or practices and enforce compliance	2036
with this section. Upon a proper showing, the court shall grant,	2037
without bond, a restraining order or temporary or permanent	2038
injunction.	2039

(E)(F) The courts of this state have jurisdiction over every	2040
person not a resident of or domiciled or authorized to do business	2041
in this state that files, or is prohibited from acting without	2042
first filing, an application under division (B) or (C) of this	2043
section, and over all actions involving such person arising out of	2044
violations of any provision of this section or of a rule adopted	2045
under this section. The secretary of state shall be the agent for	2046
service of process for any such person in any action, suit, or	2047
proceeding arising out of such violations of this section. Copies	2048
of all such lawful process shall be served upon the secretary of	2049
state and transmitted by certified mail, with return receipt	2050
requested, by the secretary of state to such person at the	2051
person's last known address.	2052

Sec. 4905.41.  The proceedings for obtaining the authority of	2053
the public utilities commission for the issue of stocks, bonds,	2054
notes and other evidences of indebtedness, as provided in section	2055
4905.40 of the Revised Code, shall be as follows:	2056

(A) In case the stocks, bonds, notes, or other evidence of	2057
indebtedness are to be issued for money only, the public utility	2058
or railroad shall file with the commission a statement, signed and	2059
verified by the president or vice president and the secretary or	2060
treasurer of such public utility or railroad, setting forth:	2061

(1) The amount and character of the stocks, bonds, or other	2062
evidence of indebtedness;	2063

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

2064

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

2065

(4) The total assets and liabilities and an income statement	2066
of the public utility or railroad in such detail as the commission	2067
requires;	2068

(5) If the issue is desired for the purpose of the	2069
reimbursement of money expended from income, as provided by	2070
section 4905.40 of the Revised Code, the amount expended and when	2071
and for what purposes it was expended;	2072

(6) If the application is filed by a telephone company, a	2073
statement that such company is not in violation of section 4905.23	2074
of the Revised Code, and is not in violation of any order of the	2075
commission made under sections 4905.231 and 4905.381 of the	2076
Revised Code; or, if it is in violation thereof, that a portion or	2077
all of the proceeds will be used to correct such violation and	2078
that none of the proceeds will be used for expansion into or	2079
acquisition of any additional territory.	2080

(7) Such other facts and information pertinent to the inquiry	2081
as the commission requires.	2082

(B) If the stocks, bonds, notes, or other evidence of	2083
indebtedness are to be issued partly or wholly for property,	2084
services, or other consideration than money, the public utility or	2085
railroad shall file with the commission a statement, signed and	2086
verified by its president or vice president and its secretary, or	2087
treasurer setting forth:	2088

(1) The amount and character of the stocks, bonds, or other	2089
evidence of indebtedness proposed to be issued;	2090

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

2091

(3) The description and estimated value of the property or	2092
services for which they are to be issued;	2093

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

2094

(5) The amount of money to be received in addition to the	2095
property, service, or other consideration;	2096

(6) If the application is made by a telephone company, that	2097
the company is not in violation of section 4905.23 of the Revised	2098
Code and is not in violation of any order of the commission made	2099
under sections 4905.231 and 4905.381 of the Revised Code.	2100

(7) The total assets and liabilities and an income statement	2101
of the public utility or railroad in such detail as the commission	2102
requires;	2103

(8)(7) Such other facts and information pertinent to the	2104
inquiry as the commission requires.	2105

This section and section 4905.40 of the Revised Code do not	2106
apply to union depot companies organized and under contract prior	2107
to June 30, 1911, until the same are completed.	2108

This section does not apply to a telephone company.

2109

Sec. 4905.42.  To determine whether it should issue the order	2110
referred to in section 4905.40 of the Revised Code, the public	2111
utilities commission shall hold such hearings, make such inquiries	2112
or investigations, and examine such witnesses, books, papers,	2113
documents, and contracts as it deems proper.	2114

An order issued under this section shall fix the amount,	2115
character, and terms of any issue of stocks, bonds, notes, or	2116
other evidence of indebtedness, and the purposes to which the	2117
issue or any proceeds of it shall be applied, shall recite that	2118
the money, property, consideration, or labor procured or to be	2119
procured or paid for by such issue was or is reasonably required	2120
for the purposes specified in the order, and shall recite the	2121
value of any property, consideration, or service, as found by the	2122
commission, for which in whole or in part such issue is proposed	2123
to be made.	2124

No public utility or railroad shall, without the consent of	2125
the commission, apply any such issue or its proceeds to any	2126
purpose not specified in the order. Such public utilities or	2127
railroads may issue notes for proper corporate purposes, payable	2128
at periods of not more than twelve months, without the consent of	2129
the commission, but no such notes shall, in whole or in part,	2130
directly or indirectly, be refunded by any issue of stocks or	2131
bonds, or by any evidence of indebtedness, running for more than	2132
twelve months, without the consent of the commission.	2133

All stocks, bonds, notes, or other evidence of indebtedness	2134
issued by any public utility or railroad without the permission of	2135
the commission are void. No interstate railroad or public utility	2136
shall be required to apply to the commission for authority to	2137
issue stocks, bonds, notes, or other evidence of indebtedness for	2138
the acquisition of property, the construction, completion,	2139
extension, or improvement of its facilities, or the improvement or	2140
maintenance of its service outside this state, or for authority	2141
for the discharge or refunding of obligations issued or incurred	2142
for such purposes or the reimbursement of moneys actually expended	2143
for such purposes outside this state.	2144

No pipe-line company--when engaged in the business of	2145
transporting oil through pipes or tubing, either wholly or	2146
partly--within this state, shall be required to apply to the	2147
commission for authority to issue stocks, bonds, notes, or other	2148
evidence of indebtedness for the purpose of acquiring or paying	2149
for stocks, bonds, notes, or other evidence of indebtedness of any	2150
other corporation organized under the laws of this state, any	2151
other state, the District of Columbia, the United States, any	2152
territory of the United States, any foreign country, or otherwise.	2153

No company that is both a pipe-line company engaged as such	2154
in the business of transporting natural gas through pipes or	2155
tubing in interstate commerce, wholly or partly within this state,	2156
and a natural gas company engaged as such in this state solely in	2157
the business of supplying natural gas to gas companies or to	2158
natural gas companies shall be required to apply to the commission	2159
for authority to issue stocks, bonds, notes, or other evidence of	2160
indebtedness.	2161

This section does not apply to a telephone company.

2162

Sec. 4905.45.  Public utility or railroad corporations may,	2163
incident to the sale or pledge of bonds, notes, or other	2164
securities owned by them, jointly or severally indorse such	2165
securities and guarantee due payment of them, in any case in which	2166
such indorsement and guarantee is authorized by the public	2167
utilities commission or the interstate commerce commission.	2168

This section does not apply to telephone companies.

2169

Sec. 4905.46. (A) No public utility or railroad shall	2170
declare any stock, bond, or scrip dividend or distribution, or	2171
divide the proceeds of the sale of any stock, bond, or scrip among	2172
its stockholders, unless it is authorized to do so by the public	2173
utilities commission.	2174

(B) No telephone company shall declare any cash, stock, bond,	2175
or scrip dividend or distribution, or divide the proceeds of the	2176
sale of any stock, bond, or scrip among its common or voting	2177
shareholders, while such telephone company is in violation of any	2178
order of the commission, or against which telephone company there	2179
exists a finding of inadequate service, except when the public	2180
utilities commission makes a finding after hearing and notice, as	2181
provided in section 4905.26 of the Revised Code, that such	2182
dividend or distribution will in no way postpone compliance with	2183
any order or affect the adequacy of service rendered or to be	2184
rendered by such telephone company. If a telephone company, while	2185
in violation of any order of the commission, or against which	2186
there exists a finding of inadequate service, desires to declare a	2187
cash dividend or distribution without the consent of the	2188
commission, it shall set aside in a special reserve fund a sum of	2189
money equivalent to the amount necessary to pay the proposed	2190
dividend or distribution, which, while said company is in	2191
violation of said order or against which such finding exists, may	2192
be expended only with the consent of the commissionThis section	2193
does not apply to telephone companies.	2194

Sec. 4905.47.  The public utilities commission shall not	2195
authorize the capitalization of any franchise or right to own,	2196
operate, or enjoy any franchise in excess of the amount, exclusive	2197
of any tax or annual charge, actually paid to any political	2198
subdivision of the state or county as the consideration for the	2199
grant of such franchise or right, nor shall the capital stock of a	2200
public utility or railroad corporation formed by the merger or	2201
consolidation of two or more corporations exceed the sum of the	2202
capital stock of the corporations consolidated or merged, at the	2203
par value of such stock, and such sum or any additional sum	2204
actually paid in cash. No contract for consolidation or lease	2205
shall be capitalized in the stock of any public utility or	2206
railroad corporation, and no such corporation shall issue any	2207
bonds against or as a lien upon any contract for consolidation or	2208
merger. The aggregate amount of the debt of such consolidated	2209
companies by reason of such consolidation shall not be increased.	2210

This section does not apply to telephone companies.

2211

Sec. 4905.51.  Every public utility having any equipment on,	2212
over, or under any street or highway shall, subject to section	2213
4951.04 of the Revised Code, for a reasonable compensation, permit	2214
the use of such equipment by any other public utility whenever the	2215
public utilities commission determines, as provided in section	2216
4905.51 of the Revised Code, that public convenience, welfare, and	2217
necessity require such use or joint use, and that such use or	2218
joint use will not result in irreparable injury to the owner or	2219
other users of such equipment or any substantial detriment to the	2220
service to be rendered by such owners or other users.	2221

In case of failure to agree upon such use or joint use, or	2222
upon the conditions or compensation for such use or joint use, any	2223
public utility may apply to the commission, and if after	2224
investigation the commission ascertains that the public	2225
convenience, welfare, and necessity require such use or joint use	2226
and that it would not result in irreparable injury to the owner or	2227
other users of such property or equipment or in any substantial	2228
detriment to the service to be rendered by such owner or other	2229
users, the commission shall direct that such use or joint use be	2230
permitted and prescribe reasonable conditions and compensation for	2231
such joint use.	2232

Such use or joint use so ordered shall be permitted and such	2233
conditions and compensation so prescribed shall be the lawful	2234
conditions and compensation to be observed, followed, and paid,	2235
subject to recourse to the courts by any interested party as	2236
provided in Chapters 4901., 4903., 4905., 4907., 4909., 4921.,	2237
4923., and 4925.4927. of the Revised Code. The commission may	2238
revoke or revise any such order.	2239

Sec. 4905.52.  No officer, agent, or employee of a railroad	2240
company shall refuse to answer a question propounded to himthe	2241
officer, agent, or employee by a public utilities commissioner in	2242
the course of an examination authorized by Chapters 4901., 4903.,	2243
4905., 4907., 4909., 4921., 4923., and 4925.4927. of the Revised	2244
Code. The property of the railroad company of which such person is	2245
an officer, agent, or employee, is liable to be taken in execution	2246
to satisfy the fines and costs in case of a violation of this	2247
section.	2248

Sec. 4905.58.  All prosecutions against a railroad or	2249
telegraph company, or an officer, agent, or employee thereof,	2250
under Chapters 4901., 4903., 4905., 4907., 4909., 4921., and	2251
4923., and 4925. and other sections of the Revised Code for	2252
penalties involving imprisonment shall be by indictment.	2253

Sec. 4905.59.  If the public utilities commission, the	2254
officer requested by it, or a village solicitor or city director	2255
of law, when the cause of action arises in a municipal	2256
corporation, fails to prosecute a civil action for forfeiture	2257
against a railroad or telegraph company, or an officer, agent, or	2258
employee thereof as provided by law, the prosecuting attorney of	2259
the county in which a cause of action for forfeiture arises, upon	2260
the request of any taxpayer of the county, shall bring such action	2261
if hethe prosecuting attorney is furnished with evidence which	2262
that in histhe prosecuting attorney's judgment will sustain it.	2263
If the action fails, the costs of the action shall be adjudged	2264
against the county.	2265

If a cause of action for forfeiture arises within a municipal	2266
corporation, and the commission, the officer requested by it, or	2267
the prosecuting attorney, fails to prosecute such action, the	2268
village solicitor or city director of law of the municipal	2269
corporation, when required by resolution of the legislative	2270
authority, shall institute the action and prosecute it to final	2271
judgment. If the action fails, the cost of the action shall be	2272
adjudged against the municipal corporation. The time for notice of	2273
appeal and giving a bond does not apply to cases within the	2274
meaning of this section.	2275

Sec. 4905.61.  If any public utility or railroad does, or	2276
causes to be done, any act or thing prohibited by Chapters 4901.,	2277
4903., 4905., 4907., 4909., 4921., 4923., and 4925.4927. of the	2278
Revised Code, or declared to be unlawful, or omits to do any act	2279
or thing required by suchthe provisions of those chapters, or by	2280
order of the public utilities commission, suchthe public utility	2281
or railroad is liable to the person, firm, or corporation injured	2282
thereby in treble the amount of damages sustained in consequence	2283
of suchthe violation, failure, or omission. Any recovery under	2284
this section does not affect a recovery by the state for any	2285
penalty provided for in suchthe chapters.	2286

Sec. 4905.63. CompaniesA company formed to acquire property	2287
or to transact business whichthat would be subject to Chapters	2288
4901., 4903., 4905., 4907., 4909., 4921., 4923., and 4925.4927.	2289
of the Revised Code, and companiesa company owning or possessing	2290
franchises for any of the purposes contemplated in suchthose	2291
chapters, are subject to such chaptersthose chapters' provisions,	2292
although no property has been acquired, no business has been	2293
transacted, or no franchises have been exercised by themthe	2294
company.	2295

Sec. 4905.71.  (A) Every telephone, telegraph, or electric	2296
light company, whichthat is a public utility as defined by	2297
section 4905.02 of the Revised Code, shall permit, upon reasonable	2298
terms and conditions and the payment of reasonable charges, the	2299
attachment of any wire, cable, facility, or apparatus to its	2300
poles, pedestals, or placement of same in conduit duct space, by	2301
any person or entity other than a public utility that is	2302
authorized and has obtained, under law, any necessary public or	2303
private authorization and permission to construct and maintain the	2304
attachment, so long as the attachment does not interfere,	2305
obstruct, or delay the service and operation of the telephone,	2306
telegraph, or electric light company, or create a hazard to	2307
safety. Every such telephone, telegraph, or electric light company	2308
shall file tariffs with the public utilities commission containing	2309
the charges, terms, and conditions established for such use.	2310

(B) The public utilities commission shall regulate the	2311
justness and reasonableness of the charges, terms, and conditions	2312
contained in any such tariff, and may, upon complaint of any	2313
persons in which it appears that reasonable grounds for complaint	2314
are stated, or upon its own initiative, investigate such charges,	2315
terms, and conditions and conduct a hearing to establish just and	2316
reasonable charges, terms, and conditions, and to resolve any	2317
controversy whichthat may arise among the parties as to such	2318
attachment.	2319

Sec. 4905.73.  (A) The public utilities commission, upon	2320
complaint by any person or complaint or initiative of the	2321
commission, has jurisdiction under section 4905.26 of the Revised	2322
Code regarding any violation of division (B) of section 4905.72 of	2323
the Revised Code by a public utility.	2324

(B) Upon complaint or initiative under division (A) of this	2325
section, if the commission finds, after notice and hearing	2326
pursuant to section 4905.26 of the Revised Code, that a public	2327
utility has violated section 4905.72 of the Revised Code, the	2328
commission, by order, shall do all of the following:	2329

(1) Rescind the aggrieved consumer's change in service	2330
provider;	2331

(2) Require the public utility to absolve the aggrieved	2332
consumer of any liability for any charges assessed the consumer,	2333
or refund to the aggrieved consumer any charges collected from the	2334
consumer, by the public utility during the thirty-day period after	2335
the violation or failure to comply occurred or, where appropriate,	2336
during such other period after that occurrence as determined	2337
reasonable by the commission;	2338

(3) Require the public utility to refund or pay to the	2339
aggrieved consumer any fees paid or costs incurred by the consumer	2340
resulting from the change of the consumer's service provider or	2341
providers, or from the resumption of the consumer's service with	2342
the service provider or providers from which the consumer was	2343
switched;	2344

(4) Require the public utility to make the consumer whole	2345
regarding any bonuses or benefits, such as airline mileage or	2346
product discounts, to which the consumer is entitled, by restoring	2347
bonuses or benefits the consumer lost as a result of the violation	2348
or failure to comply and providing bonuses or benefits the	2349
consumer would have earned if not for the violation or failure to	2350
comply, or by providing something of equal value.	2351

(C) In addition to the remedies under division (B) of this	2352
section, if the commission finds, after notice and hearing	2353
pursuant to section 4905.26 of the Revised Code, that a public	2354
utility has violated section 4905.72 of the Revised Code, the	2355
commission, by order, may impose any of the following remedies or	2356
forfeitures:	2357

(1) Require the public utility to comply or undertake any	2358
necessary corrective action;	2359

(2) Require the public utility to compensate the service	2360
provider or providers from which the aggrieved consumer was	2361
switched in the amount of all charges the consumer would have paid	2362
that particular service provider for the same or comparable	2363
service had the violation or failure to comply not occurred;	2364

(3) Require the public utility to compensate the service	2365
provider or providers from which the aggrieved consumer was	2366
switched for any costs that the particular service provider incurs	2367
as a result of making the consumer whole as provided in division	2368
(B)(4) of this section or of effecting the resumption of the	2369
consumer's service;	2370

(4) Assess upon the public utility forfeitures of not more	2371
than one thousand dollars for each day of each violation or	2372
failure to comply. However, if the commission finds that the	2373
public utility has engaged or is engaging in a pattern or practice	2374
of committing any such violations or failures to comply, the	2375
commission may assess upon the public utility forfeitures of not	2376
more than five thousand dollars for each day of each violation or	2377
failure. Any forfeiture collected pursuant to this division shall	2378
be deposited into the state treasury to the credit of the general	2379
revenue fund.	2380

(5) Require the public utility to file with the commission a	2381
security payable to the state in such amount and upon such terms	2382
as the commission determines necessary to ensure compliance and	2383
payment of any forfeitures assessed pursuant to division (C)(4) of	2384
this section;	2385

(6) Rescind the public utility's authority to provide natural	2386
gas service or public telecommunications service within this	2387
state.	2388

(D) Proceedings of the commission pursuant to division (B) or	2389
(C) of this section are governed by Chapter 4903. of the Revised	2390
Code.	2391

(E) The commission may direct the attorney general to	2392
commence an action under section 4905.57 or 4905.60 of the Revised	2393
Code to enforce an order of the commission issued under division	2394
(B) or (C) of this section, including orders assessing	2395
forfeitures. Notwithstanding section 4905.57 of the Revised Code,	2396
an action authorized under this division may be brought in the	2397
court of common pleas of Franklin county or the court of common	2398
pleas of any county in which venue is proper under the Rules of	2399
Civil Procedure.	2400

(F) The remedy available under section 4905.61 of the Revised	2401
Code may be applied to any violation of section 4905.72 of the	2402
Revised Code.	2403

(G) The powers, remedies, forfeitures, and penalties provided	2404
by this section and section 4905.72 and division (D)(C) of section	2405
4905.99 of the Revised Code are in addition to any other power,	2406
remedy, forfeiture, or penalty provided by law.	2407

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

2408

(1) "Telecommunications relay service" means intrastate	2409
transmission services that provide the ability for an individual	2410
who has a hearing or speech impairment to engage in a	2411
communication by wire or radio with a hearing individual in a	2412
manner that is functionally equivalent to the ability of an	2413
individual who does not have a hearing or speech impairment to	2414
communicate using voice communication services by wire or radio.	2415
"Telecommunications relay service" includes services that enable	2416
two-way communication between an individual who uses a	2417
telecommunications device for the deaf or other nonvoice terminal	2418
device and an individual who does not use such a device.	2419

(2) "TRS provider" means an entity selected by the public	2420
utilities commission as the provider of telecommunications relay	2421
service for this state as part of the commission's intrastate	2422
telecommunications relay service program certified pursuant to	2423
federal law.	2424

(B) For the sole purpose of funding telecommunications relay	2425
service, the commission shall, not earlier than January 1, 2009,	2426
impose on and collect from each service provider that is required	2427
under federal law to provide its customers access to	2428
telecommunications relay service an annual assessment to pay for	2429
costs incurred by the TRS provider for providing such service in	2430
Ohio. The commission shall determine the appropriate service	2431
providers to be assessed the telecommunications relay service	2432
costs, including telephone companies as defined in division	2433
(A)(2)(1) of section 4905.03 of the Revised Code, commercial	2434
mobile radio service providers, and providers of advanced services	2435
or internet protocol-enabled services that are competitive with or	2436
functionally equivalent to basic local exchange service as defined	2437
in section 4927.01 of the Revised Code.	2438

(C) The assessment shall be allocated proportionately among	2439
the appropriate service providers using a competitively neutral	2440
formula established by the commission based on the number of	2441
retail intrastate customer access lines or their equivalent. The	2442
commission shall annually reconcile the funds collected with the	2443
actual costs of providing telecommunications relay service when it	2444
issues the assessment and shall either proportionately charge the	2445
service providers for any amounts not sufficient to cover the	2446
actual costs or proportionately credit amounts collected in excess	2447
of the actual costs. The total amount assessed from all service	2448
providers shall not exceed the total telecommunications relay	2449
service costs.	2450

Each service provider that pays the assessment shall be	2451
permitted to recover the cost of the assessment. The method of	2452
recovery may include, but is not limited to, a customer billing	2453
surcharge.	2454

The commission shall deposit the money collected in the	2455
telecommunications relay service fund, which is hereby created in	2456
the state treasury, and shall use the money in that fund solely to	2457
compensate the TRS provider.	2458

(D) The commission shall take such measures as it considers	2459
necessary to protect the confidentiality of information provided	2460
to the commission pursuant to this section by service providers	2461
required to pay the assessment.	2462

(E) The commission may assess a forfeiture of not more than	2463
one thousand dollars on any service provider failing to comply	2464
with this section. Each day's continuance of such failure is a	2465
separate offense. The forfeiture shall be recovered in accordance	2466
with sections 4905.55 to 4905.60 of the Revised Code.	2467

(F) The jurisdiction and authority granted to the commission	2468
by this section is limited to the administration and enforcement	2469
of this section. The commission may adopt such rules as it finds	2470
necessary to carry out this section. The commission shall adopt	2471
rules under section 111.15 of the Revised Code to establish the	2472
assessment amounts and procedures.	2473

Sec. 4905.90.  As used in sections 4905.90 to 4905.96 of the	2474
Revised Code:	2475

(A) "Contiguous property" includes, but is not limited to, a	2476
manufactured home park as defined in section 3733.01 of the	2477
Revised Code; a public or publicly subsidized housing project; an	2478
apartment complex; a condominium complex; a college or university;	2479
an office complex; a shopping center; a hotel; an industrial park;	2480
and a race track.	2481

(B) "Gas" means natural gas, flammable gas, or gas which is	2482
toxic or corrosive.	2483

(C) "Gathering lines" and the "gathering of gas" have the	2484
same meaning as in the Natural Gas Pipeline Safety Act and the	2485
rules adopted by the United States department of transportation	2486
pursuant to the Natural Gas Pipeline Safety Act, including 49	2487
C.F.R. part 192, as amended.	2488

(D) "Intrastate pipe-line transportation" has the same	2489
meaning as in 82 Stat. 720 (1968), 49 U.S.C.A. App. 1671, as	2490
amended, but excludes the gathering of gas exempted by the Natural	2491
Gas Pipeline Safety Act.	2492

(E) "Master-meter system" means a pipe-line system that	2493
distributes gas within a contiguous property for which the system	2494
operator purchases gas for resale to consumers, including tenants.	2495
Such pipe-line system supplies consumers who purchase the gas	2496
directly through a meter, or by paying rent, or by other means.	2497
The term includes a master-meter system as defined in 49 C.F.R.	2498
191.3, as amended. The term excludes a pipeline within a	2499
manufactured home, mobile home, or a building.	2500

(F) "Natural Gas Pipeline Safety Act" means the "Natural Gas	2501
Pipeline Safety Act of 1968," 82 Stat. 720, 49 U.S.C.A. App. 1671	2502
et seq., as amended.	2503

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

2504

(1) A gas company or natural gas company as defined in	2505
section 4905.03 of the Revised Code, except that division	2506
(A)(6)(5) of that section does not authorize the public utilities	2507
commission to relieve any producer of gas, as a gas company or	2508
natural gas company, of compliance with sections 4905.90 to	2509
4905.96 of the Revised Code or the pipe-line safety code created	2510
under section 4905.91 of the Revised Code;	2511

(2) A pipe-line company, as defined in section 4905.03 of the	2512
Revised Code, when engaged in the business of transporting gas by	2513
pipeline;	2514

(3) A public utility that is excepted from the definition of	2515
"public utility" under division (B) or (C) of section 4905.02 of	2516
the Revised Code, when engaged in supplying or transporting gas by	2517
pipeline within this state;	2518

(4) Any person that owns, operates, manages, controls, or	2519
leases any of the following:	2520

(a) Intrastate pipe-line transportation facilities within	2521
this state;	2522

(b) Gas gathering lines within this state which are not	2523
exempted by the Natural Gas Pipeline Safety Act;	2524

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

2525

"Operator" does not include an ultimate consumer who owns a	2526
service line, as defined in 49 C.F.R. 192.3, as amended, on the	2527
real property of that ultimate consumer.	2528

(H) "Operator of a master-meter system" means a person	2529
described under division (F)(4)(c) of this section. An operator of	2530
a master-meter system is not a public utility under section	2531
4905.02 or a gas or natural gas company under section 4905.03 of	2532
the Revised Code.	2533

(I) "Person" means:

2534

(1) In addition to those defined in division (C) of section	2535
1.59 of the Revised Code, a joint venture or a municipal	2536
corporation;	2537

(2) Any trustee, receiver, assignee, or personal	2538
representative of persons defined in division (H)(1) of this	2539
section.	2540

(J) "Safety audit" means the public utilities commission's	2541
audit of the premises, pipe-line facilities, and the records,	2542
maps, and other relevant documents of a master-meter system to	2543
determine the operator's compliance with sections 4905.90 to	2544
4905.96 of the Revised Code and the pipe-line safety code.	2545

(K) "Safety inspection" means any inspection, survey, or	2546
testing of a master-meter system which is authorized or required	2547
by sections 4905.90 to 4905.96 of the Revised Code and the	2548
pipe-line safety code. The term includes, but is not limited to,	2549
leak surveys, inspection of regulators and critical valves, and	2550
monitoring of cathodic protection systems, where applicable.	2551

(L) "Safety-related condition" means any safety-related	2552
condition defined in 49 C.F.R. 191.23, as amended.	2553

(M) "Total Mcfs of gas it supplied or delivered" means the	2554
sum of the following volumes of gas that an operator supplied or	2555
delivered, measured in units per one thousand cubic feet:	2556

(1) Residential sales;

2557

(2) Commercial and industrial sales;

2558

(3) Other sales to public authorities;

2559

(4) Interdepartmental sales;

2560

(5) Sales for resale;

2561

(6) Transportation of gas.

2562

Sec. 4905.99.  (A) Whoever violates section 4905.52 of the	2563
Revised Code shall be fined not less than fifty nor more than five	2564
hundred dollars.	2565

(B) Whoever violates section 4905.56 of the Revised Code is	2566
guilty of a felony of the fifth degree.	2567

(C) Coincident with the operation of section 4905.78 of the	2568
Revised Code, whoever violates that section is guilty of a	2569
misdemeanor of the fourth degree.	2570

(D) Whoever violates section 4905.74 of the Revised Code is	2571
guilty of a misdemeanor of the third degree.	2572

Sec. 4907.01.  As used in sections 4907.01 to 4907.63,	2573
inclusive, of the Revised Code:	2574

(A) "Public utility" has the same meaning set forthas in	2575
section 4905.02 of the Revised Code.	2576

(B) "Telegraph company," "telephoneTelephone company,"	2577
"electric light company," "gas company," "natural gas company,"	2578
"pipe-line company," "water-works company," "sewage disposal	2579
system company," "heating or cooling company," "messenger	2580
company," "street railway company," "suburban railroad company,"	2581
and "interurban railroad company," and "motor-propelled vehicle"	2582
have the meaning set forthsame meanings as in section 4905.03 of	2583
the Revised Code.	2584

(C) "Railroad" has the same meaning set forthas in section	2585
4907.02 of the Revised Code.	2586

(D) "Motor transportation company," "trailer," "publicPublic	2587
highway," "fixed termini," "regular route," and "irregular route"	2588
havehas the same meaning set forthas in sections 4905.03 and	2589
4921.02 of the Revised Code.	2590

(E) "Private motor carrier," "contract carrier by motor	2591
vehicle," "motor vehicle," and "charter party trip" have the	2592
meaning set forth in section 4923.02 of the Revised Code.	2593

Sec. 4907.14.  Within thirty days after the election of the	2594
directors of a railroad or telegraph company doing business in	2595
this state, the secretary of such companiesthe railroad shall	2596
forward to the public utilities commission a list of the officers	2597
and directors thereof, giving the place of residence and	2598
post-office address of each. If a change occurs in the	2599
organization of the officers or board of directors of a railroad	2600
or telegraph company, the secretary shall notify the commission of	2601
such change and the residence and post-office address of each of	2602
the officers and directors.	2603

Sec. 4907.30.  No railroad company owning or operating a	2604
railroad wholly or partly within this state shall, directly or	2605
indirectly, issue or give a free ticket, free pass, or free	2606
transportation for passengers, except to:	2607

(A) Its employees and their families, its officers, agents,	2608
surgeons, physicians, and attorneys at law;	2609

(B) Ministers of religion, traveling secretaries of railroad	2610
young men's or young women's christianChristian associations,	2611
inmates of hospitals and charitable institutions, and persons	2612
exclusively engaged in charitable work;	2613

(C) Indigent, destitute, and homeless persons, and to such	2614
persons when transported by charitable societies or hospitals, and	2615
the necessary agents employed in such transportation;	2616

(D) Residents of the national homes or state homes for	2617
disabled volunteer soldiers, and residents of veterans' homes,	2618
including those about to enter and those returning home after	2619
discharge, and boards of managers of such homes;	2620

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

2621

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

2622

(G) Line workers of telegraph and telephone companies;

2623

(H) Railway mail service employees, post-office inspectors,	2624
custom inspectors, and immigration inspectors;	2625

(I) News carriers on trains, baggage agents, witnesses	2626
attending any legal investigation in which the railroad is	2627
interested, persons injured in wrecks, and physicians and nurses	2628
attending such persons.	2629

As used in this section, "employee" includes furloughed,	2630
pensioned, and superannuated employees, persons who have become	2631
disabled or infirm in the service of any such common carrier, the	2632
remains of a person killed in the employment of a carrier, and	2633
ex-employees traveling for the purpose of entering the service of	2634
any such common carrier, and "families" includes the families of	2635
such persons and also the surviving spouses and dependent children	2636
of employees who died while in the service of any common carrier.	2637

Sec. 4909.01.  As used in this chapter:

2638

(A) "Public utility" has the same meaning set forthas in	2639
section 4905.02 of the Revised Code.	2640

(B) "Telegraph company," "telephone company," "electric	2641
Electric light company," "gas company," "natural gas company,"	2642
"pipeline company," "water-works company," "sewage disposal system	2643
company," "heating or cooling company," "messenger company,"and	2644
"street railway company," "suburban railroad company," "interurban	2645
railroad company," and "motor-propelled vehicle" have the same	2646
meanings set forthas in section 4905.03 of the Revised Code.	2647

(C) "Railroad" has the same meaning set forthas in section	2648
4907.02 of the Revised Code.	2649

(D) "Motor transportation company" has the same meaning set	2650
forthas in sections 4905.03 and 4921.02 of the Revised Code.	2651

(E) "Trailers," "public highway," "fixed termini," "regular	2652
route," and "irregular route" have the meanings set forth in	2653
section 4921.02 of the Revised Code.	2654

(F) "Private motor carrier," "contract carrier by motor	2655
vehicle," "motor vehicle," and "charter party trip" have the	2656
meanings set forth in section 4923.02 of the Revised Code.	2657

Sec. 4909.02.  All regulations, practices, and service of	2658
railroad companies and telegraph companies prescribed by the	2659
public utilities commission shall be in force and be prima-facie	2660
reasonable, unless suspended or found otherwise in an action	2661
brought for that purpose pursuant to Chapters 4901., 4903., 4905.,	2662
4907., 4909., 4921., and 4923. of the Revised Code, or until	2663
changed or modified by the commission.	2664

Sec. 4909.03.  All rates, fares, charges, classifications,	2665
and joint rates of railroad companies and telegraph companies	2666
fixed by the public utilities commission shall be in force and be	2667
prima-facie lawful for two years from the day they take effect, or	2668
until changed or modified by the commission or by an order of a	2669
competent court in an action under Chapters 4901., 4903., 4905.,	2670
4907., 4909., 4921., and 4923., and 4925. of the Revised Code.	2671

Sec. 4909.17.  No rate, joint rate, toll, classification,	2672
charge, or rental, no change in any rate, joint rate, toll,	2673
classification, charge, or rental, and no regulation or practice	2674
affecting any rate, joint rate, toll, classification, charge, or	2675
rental of a public utility shall become effective until the public	2676
utilities commission, by order, determines it to be just and	2677
reasonable, except as provided in this section and sections	2678
4909.18 and 4909.19 of the Revised Code. Such sections do not	2679
apply to any rate, joint rate, toll, classification, charge, or	2680
rental, or any regulation or practice affecting the same, of	2681
railroads, street and electric railways, motor transportation	2682
companies, telegraph companies, and pipe line companies. Any	2683
change of any rate, joint rate, toll, classification, charge, or	2684
rental, or any regulation or practice affecting the same, of	2685
telegraph companies, may be made in the same manner as such	2686
changes may be made by railroad companies. All laws respecting	2687
such changes by railroad companies apply to such changes by	2688
telegraph companies.	2689

Sec. 4911.01.  As used in this chapter:

2690

(A) "Public utility" means every one as defined in divisions	2691
(A)(1), (2)(3), (4), (5), (6), (7), (8), (9), and (14)(13) of	2692
section 4905.03 of the Revised Code, including all public	2693
utilities that operatingoperate their utilities not for profit,	2694
except the following:	2695

(1) Electric light companies that operate their utilities not	2696
for profit;	2697

(2) Public utilities, other than telephone companies, that	2698
are owned and operated exclusively by and solely for the	2699
utilities' customers;	2700

(3) Public utilities that are owned or operated by any	2701
municipal corporation;	2702

(4) Railroads as defined in sections 4907.02 and 4907.03 of	2703
the Revised Code.	2704

(B) "Residential consumer" means urban, suburban, and rural	2705
patrons of public utilities insofar as their needs for utility	2706
services are limited to their residence.	2707

Sec. 4921.01.  As used in sections 4921.01 to 4921.32,	2708
inclusive, of the Revised Code:	2709

(A) "Public utility" has the same meaning set forthas in	2710
section 4905.02 of the Revised Code.	2711

(B) "Telegraph company," "telephone company," "electric light	2712
company," "gas company," "natural gas company," "pipe-line	2713
company," "water-works company," "sewage disposal system company,"	2714
"heating or cooling company," "messenger company," "streetStreet	2715
railway company," "suburban railroad company," "interurban	2716
railroad company," and "motor-propelled vehicle" have the meaning	2717
set forthsame meanings as in section 4905.03 of the Revised Code.	2718

(C) "Railroad" has the same meaning set forthas in section	2719
4907.02 of the Revised Code.	2720

(D) "Motor transportation company" has the same meaning set	2721
forthas in sections 4905.03 and 4921.02 of the Revised Code.	2722

(E) "Private motor carrier," "contract carrier by motor	2723
vehicle," "motor vehicle," and "charter party trip" have the	2724
meaning set forthsame meanings as in section 4923.02 of the	2725
Revised Code.	2726

Sec. 4923.01.  As used in sections 4923.01 to 4923.17,	2727
inclusive, of the Revised Code:	2728

(A) "Public utility" has the same meaning set forthas in	2729
section 4905.02 of the Revised Code.	2730

(B) "Telegraph company," "telephone company," "electric light	2731
company," "gas company," "natural gas company," "pipe-line	2732
company," "water-works company," "sewage disposal system company,"	2733
"heating or cooling company," "messenger company," "street railway	2734
company," "suburban railroad company," "interurban railroad	2735
company," and "motor-propelledMotor-propelled vehicle" havehas	2736
the same meaning set forthas in section 4905.03 of the Revised	2737
Code.	2738

(C) "Railroad" has the meaning set forth in section 4907.02	2739
of the Revised Code.	2740

(D) "Motor transportation company" has the same meaning set	2741
forthas in sections 4905.03 and 4921.02 of the Revised Code.	2742

(E)(D) "Trailer," "public highway," "fixed termini,"and	2743
"regular route," and "irregular route" have the meaning set forth	2744
same meanings as in section 4921.02 of the Revised Code.	2745

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

2746

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

2747

(1) Endresidential-end-user access to and usage of	2748
telephone-company-provided services over a single line or	2749
small-business-end-user access to and usage of	2750
telephone-company-provided services over the primary access line	2751
of service, which in the case of residential and small-business	2752
access and usage is not part of a bundle or package of services,	2753
that enabledoes both of the following:	2754

(a) Enables a customer, over the primary line serving the	2755
customer's premises, to originate or receive voice communications	2756
within a local service area, and that consistas that area exists	2757
on the effective date of the amendment of this section by S.B. 162	2758
of the 128th general assembly;	2759

(b) Consists of all of the following services:

2760

(a)(i) Local dial tone service;

2761

(b)(ii) For residential end users, flat-rate telephone	2762
exchange service;	2763

(iii) Touch tone dialing service;

2764

(c)(iv) Access to and usage of 9-1-1 services, where such	2765
services are available;	2766

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

2767

(e)(vi) Provision of a telephone directory in any reasonable	2768
format for no additional charge and a listing in that directory,	2769
with reasonable accommodations made for private listings;	2770

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

2771

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

2772

(h)(ix) Access to toll presubscription, interexchange or toll	2773
providers or both, and networks of other telephone companies.	2774

(2) "Bundle or package of services" means one or more	2775
telecommunications services or other services offered together as	2776
one service option at a single price.	2777

(3) "Carrier access" means access to and usage of telephone	2778
company-provided facilities that enable end user customers	2779
originating or receiving voice grade, data, or image	2780
communications, over a local exchange telephone company network	2781
operated within a local service area, to access interexchange or	2782
other networks and includes special access.	2783

(B) "Cable television service" means any transmission of	2784
video or other programming service to subscribers and any	2785
subscriber interaction required for the selection of that video or	2786
other programming service.	2787

(C)(4) "Federal poverty level" means the income level	2788
represented by the poverty guidelines as revised annually by the	2789
United States department of health and human services in	2790
accordance with section 673(2) of the "Omnibus Reconciliation Act	2791
of 1981," 95 Stat. 511, 42 U.S.C. 9902, as amended, for a family	2792
size equal to the size of the family of the person whose income is	2793
being determined.	2794

(5) "Incumbent local exchange carrier" means, with respect to	2795
an area, the local exchange carrier that:	2796

(a) On February 8, 1996, provided telephone exchange service	2797
in such area; and	2798

(b)(i) On February 8, 1996, was deemed to be a member of the	2799
exchange carrier association pursuant to 47 C.F.R. 69.601(b); or	2800

(ii) Is a person or entity that, on or after February 8,	2801
1996, became a successor or assign of a member described in	2802
division (A)(5)(b)(i) of this section.	2803

(6) "Internet protocol-enabled services" means any services,	2804
capabilities, functionalities, or applications that are provided	2805
using internet protocol or a successor protocol to enable an end	2806
user to send or receive communications in internet protocol format	2807
or a successor format, regardless of how any particular such	2808
service is classified by the federal communications commission,	2809
and includes voice over internet protocol service.	2810

(7) "Local exchange carrier" means any person engaged in the	2811
provision of telephone exchange service, or the offering of access	2812
to telephone exchange service or facilities for the purpose of	2813
originating or terminating telephone toll service.	2814

(8) "Local service area" means the geographic area that may	2815
encompass more than one exchange area and within which a telephone	2816
customer, by paying the rate for basic local exchange service, may	2817
complete a callcalls to anotherother telephone customer	2818
customers without being assessed long distance toll charges.	2819

(D) "Public telecommunications service" means the	2820
transmission by a telephone company, by electromagnetic or other	2821
means, of signs, signals, writings, images, sounds, messages, or	2822
data originating and terminating in this state regardless of	2823
actual call routing, but does not include a system, including its	2824
construction, maintenance, or operation, for the provision of	2825
telecommunications service, or any portion of such service, by any	2826
entity for the sole and exclusive use of that entity, its parent,	2827
a subsidiary, or an affiliated entity, and not for resale,	2828
directly or indirectly; the provision of terminal equipment used	2829
to originate or terminate telecommunications service; broadcast	2830
transmission by radio, television, or satellite broadcast stations	2831
regulated by the federal government; or cable television service.	2832

(E)(9) "Small business" means a nonresidential service	2833
customer with three or fewer service access lines.	2834

(10) "Telecommunications" means the transmission, between or	2835
among points specified by the user, of information of the user's	2836
choosing, without change in the form or content of the information	2837
as sent and received.	2838

(11) "Telecommunications carrier" has the same meaning as in	2839
the "Telecommunications Act of 1996," 110 Stat. 60, 47 U.S.C. 153.	2840

(12) "Telecommunications service" means the offering of	2841
telecommunications for a fee directly to the public, or to such	2842
classes of users as to be effectively available directly to the	2843
public, regardless of the facilities used.	2844

(13) "Telephone company" means anya company described in	2845
division (A)(2)(1) of section 4905.03 of the Revised Code that is	2846
a public utility under section 4905.02 of the Revised Code.	2847

(14) "Telephone exchange service" means telecommunications	2848
service that is within a telephone exchange, or within a connected	2849
system of telephone exchanges within the same exchange area	2850
operated to furnish to subscribers intercommunicating service of	2851
the character ordinarily furnished by a single exchange, and that	2852
is covered by the exchange service charge; or comparable service	2853
provided through a system of switches, transmission equipment, or	2854
other facilities, or combination thereof, by which a customer can	2855
originate and terminate a telecommunications service.	2856

(15) "Telephone toll service" means telephone service between	2857
stations in different exchange areas for which there is made a	2858
separate charge not included in contracts with customers for	2859
exchange service.	2860

(16) "Voice over internet protocol service" means a service	2861
that uses a broadband connection from an end user's location and	2862
enables real-time, two-way, voice communications that originate or	2863
terminate from the user's location using internet protocol or a	2864
successor protocol, including, but not limited to, any such	2865
service that permits an end user to receive calls from and	2866
terminate calls to the public switched network.	2867

(17) "Wireless service" means federally licensed commercial	2868
mobile service as defined in the "Telecommunications Act of 1996,"	2869
110 Stat. 61, 151, 153, 47 U.S.C. 332(d) and further defined as	2870
commercial mobile radio service in 47 C.F.R. 20.3. Under division	2871
(A)(17) of this section, commercial mobile radio service is	2872
specifically limited to mobile telephone, mobile cellular	2873
telephone, paging, personal communications services, and	2874
specialized mobile radio service provided by a common carrier in	2875
this state and excludes fixed wireless service.	2876

(18) "Wireless service provider" means a facilities-based	2877
provider of wireless service to one or more end users in this	2878
state.	2879

(B) The definitions of this section shall be applied	2880
consistent with the definitions in the "Telecommunications Act of	2881
1996," 110 Stat. 56, 47 U.S.C. 151 et seq., as amended, and with	2882
federal decisions interpreting those definitions.	2883

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

2884

(1) Ensure the availability of adequate basic local exchange	2885
service to citizens throughout the state;	2886

(2) Provide incentives for competing providers of	2887
telecommunications service to provide advanced, high-quality	2888
telecommunications service to citizens throughout the state;	2889

(3) Rely primarily on market forces, where they are present	2890
and capable of supporting a healthy and sustainable, competitive	2891
telecommunications marketexist, to maintain just and reasonable	2892
rates, rentals, tolls, and charges for public telecommunications	2893
service levels for telecommunications services at reasonable	2894
rates;	2895

(3)(4) Encourage innovation in the telecommunications	2896
industry and the deployment of advanced telecommunications	2897
services;	2898

(4)(5) Create a regulatory climate that provides incentives	2899
to create and maintain high technology jobs for Ohioans;	2900

(6) Promote diversity and options in the supply of public	2901
telecommunications services and equipment throughout the state;	2902

(5)(7) Recognize the continuing emergence of a competitive	2903
telecommunications environment through flexible regulatory	2904
treatment of public telecommunications services where appropriate;	2905

(6)(8) Consider the regulatory treatment of competing and	2906
functionally equivalent services in determining the scope ofand,	2907
to the extent practicable, provide for equivalent regulation of	2908
all telephone companies and services that are subject to the	2909
jurisdiction of the public utilities commission;	2910

(7)(9) Not unduly favor or advantage any provider and not	2911
unduly disadvantage providers of competing and functionally	2912
equivalent services; and	2913

(8)(10) Protect the affordability of telephone service for	2914
low-income subscribers through the continuation of federal	2915
lifeline assistance programs.	2916

(B) The public utilities commission shall consider the policy	2917
set forth in this section in carrying out sections 4927.03 and	2918
4927.04 of the Revised Code and in reducing or eliminating the	2919
regulation of telephone companies under those sections as to any	2920
public telecommunications servicethis chapter.	2921

Sec. 4927.03. (A) Except as provided in divisions (A) and (B)	2922
of section 4927.04 of the Revised Code and except to the extent	2923
required to exercise authority under federal law, the commission	2924
has no authority over any interconnected voice over internet	2925
protocol-enabled service or any telecommunications service that is	2926
not commercially available on the effective date of this section	2927
and that employs technology that became available for commercial	2928
use only after the effective date of this section, unless the	2929
commission, upon a finding that the exercise of the commission's	2930
authority is necessary for the protection, welfare, and safety of	2931
the public, adopts rules specifying the necessary regulation. A	2932
consumer purchase of a service that is not commercially available	2933
on the effective date of this section and that employs technology	2934
that became available for commercial use only after the effective	2935
date of this section shall constitute a consumer transaction for	2936
purposes of sections 1345.01 to 1345.13 of the Revised Code,	2937
notwithstanding any provision of those sections to the contrary,	2938
unless the commission exercises jurisdiction over the service in	2939
accordance with this division. Notwithstanding any contrary	2940
provision of Chapter 4911. of the Revised Code, to the extent that	2941
the commission adopts rules under division (A) of this section	2942
regarding any interconnected voice over internet protocol enabled	2943
service provided to residential customers or regarding any	2944
telecommunications service that is provided to residential	2945
customers, that is not commercially available on the effective	2946
date of this section, and that employs technology that became	2947
available for commercial use only after the effective date of this	2948
section, the office of the consumers' counsel shall have authority	2949
to assist and represent residential customers in the	2950
implementation and enforcement of those rules.	2951

(B)(1) The commission has no authority over wireless service,	2952
resellers of wireless service, or wireless service providers,	2953
except as follows:	2954

(a) As provided under sections 4905.84, 4931.40 to 4931.70,	2955
and 4931.99 of the Revised Code;	2956

(b) With respect to division (C) of section 4927.15 of the	2957
Revised Code;	2958

(c) As provided in divisions (B)(2), (3), and (4) of this	2959
section.	2960

(2) The commission has authority over wireless service and	2961
wireless service providers as follows, but only to the extent	2962
authorized by federal law, including federal regulations:	2963

(a) To the extent that the commission carries out the acts	2964
described in divisions (A), (B), (C), (D), and (F) of section	2965
4927.04 of the Revised Code;	2966

(b) As provided in sections 4927.05, 4927.20, and 4927.21 of	2967
the Revised Code.	2968

(3) The requirements of sections 4905.10, 4905.14, and	2969
4911.18 of the Revised Code shall apply to a wireless service	2970
provider.	2971

(4) The commission has such authority as is necessary to	2972
enforce division (B) of this section.	2973

(C) For purposes of sections 4927.01 to 4927.21 of the	2974
Revised Code, sections 4903.02, 4903.03, 4903.24, 4903.25,	2975
4905.04, 4905.05, 4905.06, 4905.13, 4905.15, 4905.16, 4905.17,	2976
4905.22, 4905.26, 4905.27, 4905.28, 4905.29, 4905.31, 4905.32,	2977
4905.33, 4905.35, 4905.37, 4905.38, 4905.39, 4905.48, 4905.54,	2978
4905.55, 4905.56, and 4905.60 of the Revised Code do not apply to	2979
a telephone company or, as applicable, to an officer, employee, or	2980
agent of such company or provider, except to the extent necessary	2981
for the commission to carry out sections 4927.01 to 4927.21 of the	2982
Revised Code.	2983

(D) Except as specifically authorized in sections 4927.01 to	2984
4927.21 of the Revised Code, the commission has no authority over	2985
the quality of service and the service rates, terms, and	2986
conditions of telecommunications service provided to end users by	2987
a telephone company.	2988

(E) The commission shall initially adopt the rules required	2989
by this chapter not later than one hundred twenty days after the	2990
effective date of this section. Subject to the authority granted	2991
to the commission under this chapter, the commission may adopt	2992
other rules, including rules regarding the removal from tariffs of	2993
services that were required to be filed in tariffs prior to the	2994
effective date of this section, as it finds necessary to carry out	2995
this chapter.	2996

Sec. 4927.04. The public utilities commission has such power	2997
and jurisdiction as is reasonably necessary for it to perform the	2998
obligations authorized by or delegated to it under federal law,	2999
including federal regulations, which obligations include	3000
performing the acts of a state commission as defined in the	3001
"Communications Act of 1934," 48 Stat. 1064, 47 U.S.C. 153, as	3002
amended, and include, but are not limited to, carrying out any of	3003
the following:	3004

(A) Rights and obligations under the "Telecommunications Act	3005
of 1996," 110 Stat. 56, 47 U.S.C. 251, as amended;	3006

(B) Authority to mediate and arbitrate disputes and approve	3007
agreements under the "Telecommunications Act of 1996," 110 Stat.	3008
56, 47 U.S.C. 252, as amended;	3009

(C) Administration of telephone numbers and number	3010
portability;	3011

(D) Certification of telecommunications carriers eligible for	3012
universal-service funding under 47 U.S.C. 214(e);	3013

(E) Administration of truth-in-billing;

3014

(F) Administration of customer proprietary network	3015
information under 47 U.S.C. 222 and federal regulations adopted	3016
thereunder;	3017

(G) Outage reporting consistent with federal requirements.

3018

Except as provided in division (B) of section 4927.03 of the	3019
Revised Code, the commission has power and jurisdiction under this	3020
section over a telecommunications carrier to the extent necessary	3021
to perform the obligations described in this section. Nothing in	3022
this chapter limits the commission's authority under the	3023
"Telecommunications Act of 1996," 110 Stat. 56, 47 U.S.C. 151, et	3024
seq., as amended, including the commission's authority over the	3025
provision of universal-service funding.	3026

Sec. 4927.05.  (A)(1) No telephone company shall operate in	3027
this state without first obtaining a certificate from the public	3028
utilities commission, and no wireless service provider shall	3029
operate in this state without first being registered with the	3030
commission. A telephone company not holding such a certificate on	3031
the effective date of this section, or a wireless service provider	3032
not so registered on that date, shall file, respectively, a	3033
certification application or registration with the commission,	3034
each in the manner set forth in rules adopted by the commission.	3035
The application or registration shall include all of the	3036
following:	3037

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

3038

(b) The name of a contact person and that person's contact	3039
information;	3040

(c) A service description, including the general geographic	3041
areas served, but not maps of service areas;	3042

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

3043

(e) Evidence of notice to the public utilities tax division	3044
of the department of taxation of the company's or provider's	3045
intent to provide service;	3046

(f) As to a certification application, evidence of financial,	3047
technical, and managerial ability to provide adequate service to	3048
the public consistent with law.	3049

Division (A)(1) of this section does not apply to any	3050
incumbent local exchange carrier with respect to its geographic	3051
service area as that area existed on the effective date of this	3052
section.	3053

(2) The commission may suspend or reject the certification	3054
application of a telephone company if it finds, within thirty days	3055
after the application's submission and based on the evidence	3056
provided under division (A)(1)(f) of this section, that the	3057
applicant lacks financial, technical, or managerial ability	3058
sufficient to provide adequate service to the public consistent	3059
with law.	3060

(B) If any of the filed information described in divisions	3061
(A)(1)(a) to (f) of this section changes, a telephone company	3062
shall update its certification and provide any necessary notice to	3063
customers, and a wireless service provider shall update its	3064
registration. The commission shall adopt rules governing the	3065
requirements of this division.	3066

Sec. 4927.06.  (A) No telephone company shall commit any	3067
unfair or deceptive act or practice in connection with the	3068
offering or provision of any telecommunications service in this	3069
state. A failure to comply with any of the following requirements	3070
shall constitute an unfair or deceptive act or practice by a	3071
telephone company:	3072

(1) Any communication by the company, including, but not	3073
limited to, a solicitation, offer, or contract term or condition,	3074
shall be truthful, clear, conspicuous, and accurate in disclosing	3075
any material terms and conditions of service and any material	3076
exclusions or limitations. The public utilities commission may	3077
prescribe, by rule, a commission review process to determine when	3078
disclosing such information is not practicable, and therefore	3079
nondisclosure does not result in an unfair or deceptive act or	3080
practice.	3081

(2) Any written service solicitation, marketing material,	3082
offer, contract, or agreement, as well as any written response	3083
from the company to a service-related inquiry or complaint that	3084
the company receives from a customer or others, shall disclose the	3085
company's name and contact information. The commission may	3086
prescribe, by rule, a commission review process to determine when	3087
disclosing such information is not practicable, and therefore	3088
nondisclosure does not result in an unfair or deceptive act or	3089
practice.	3090

(3) The company shall inform its customers, as applicable and	3091
in any reasonable manner, of their rights and responsibilities	3092
concerning inside wire, the repair and maintenance of	3093
customer-owned equipment, and the use of a network interface	3094
device, and of any charges that the company imposes for a	3095
diagnostic visit, consistent with rules adopted by the public	3096
utilities commission.	3097

(4) The company shall not commit any act, practice, or	3098
omission that the commission determines, by rulemaking under	3099
section 4927.03 of the Revised Code or adjudication under section	3100
4927.21 of the Revised Code, constitutes an unfair or deceptive	3101
act or practice in connection with the offering or provision of	3102
telecommunications service in this state.	3103

(B) The commission shall provide notice to all telephone	3104
companies specifying any act, practice, or omission that it	3105
prescribes pursuant to division (A)(4) of this section. No	3106
telephone company is liable for any act, practice, or omission	3107
absent that notice and adequate time for implementation.	3108

(C) This section does not apply to wireless service. A	3109
consumer purchase of wireless service or a related product shall	3110
constitute a consumer transaction for purposes of sections 1345.01	3111
to 1345.13 of the Revised Code, notwithstanding any provision of	3112
those sections to the contrary.	3113

Sec. 4927.07.  (A) A telephone company may withdraw any	3114
telecommunications service if it gives at least thirty days' prior	3115
notice to the public utilities commission and to its affected	3116
customers.	3117

(B) A telephone company may abandon entirely	3118
telecommunications service in this state if it gives at least	3119
thirty days' prior notice to the commission, to its wholesale and	3120
retail customers, and to any telephone company wholesale provider	3121
of its services.	3122

(C) Divisions (A) and (B) of this section do not apply to any	3123
of the following:	3124

(1) Basic local exchange service provided by an incumbent	3125
local exchange carrier;	3126

(2) Pole attachments under section 4905.71 of the Revised	3127
Code;	3128

(3) Conduit occupancy under section 4905.71 of the Revised	3129
Code;	3130

(4) Interconnection and resale agreements approved under the	3131
"Telecommunications Act of 1996," 110 Stat. 56, 47 U.S.C. 151 et	3132
seq., as amended.	3133

(D) An incumbent local exchange carrier may not withdraw or	3134
abandon basic local exchange service.	3135

(E) A telephone company may not, without first filing a	3136
request with the commission and obtaining commission approval,	3137
withdraw any tariff filed with the commission for pole attachments	3138
or conduit occupancy under section 4905.71 of the Revised Code or	3139
abandon service provided under that section.	3140

Sec. 4927.08.  (A) A telephone company providing basic local	3141
exchange service shall conduct its operations so as to ensure that	3142
the service is available, adequate, and reliable, consistent with	3143
applicable industry standards.	3144

(B) The public utilities commission shall adopt rules	3145
prescribing the following standards for the provision of basic	3146
local exchange service, and shall adopt no other rules regarding	3147
that service except as expressly authorized in this chapter:	3148

(1) Basic local exchange service shall be installed within	3149
five business days of the receipt by a telephone company of a	3150
completed application for that service.	3151

(2) A basic local exchange service outage or	3152
service-affecting problem shall be repaired within seventy-two	3153
hours after it is reported to the telephone company, and the	3154
telephone company shall make reasonable efforts to repair a basic	3155
local exchange service outage within twenty-four hours, excluding	3156
Sundays and legal holidays, after the outage is reported to the	3157
telephone company.	3158

(3)(a) Except as provided in division (B)(3)(b) of this	3159
section, if a basic local exchange service outage is reported to	3160
the telephone company and lasts more than seventy-two hours, the	3161
telephone company shall credit every affected customer, of which	3162
the telephone company is aware, in the amount of one month's	3163
charges for basic local exchange service.	3164

(b) If the outage is caused by a customer, the telephone	3165
company may elect not to credit that customer.	3166

(4) No telephone company shall establish a due date earlier	3167
than fourteen consecutive days after the date the bill is	3168
postmarked for a bill for basic local exchange service provided to	3169
end users.	3170

(5) A telephone company may disconnect basic local exchange	3171
service for nonpayment of any amount past due on a billed account	3172
not earlier than fourteen days after the due date of the	3173
customer's bill, provided that the customer is given notice of the	3174
disconnection seven days before the disconnection.	3175

(6) A telephone company may require a deposit, not to exceed	3176
two hundred thirty per cent of a reasonable estimate of one	3177
month's service charges, for the installation of basic local	3178
exchange service for any person that it determines, in its	3179
discretion, is not creditworthy.	3180

(7) A telephone company shall, unless prevented from doing so	3181
by circumstances beyond the telephone company's control or unless	3182
the customer requests otherwise, reconnect a customer whose basic	3183
local exchange service was disconnected for nonpayment of past due	3184
charges not later than one business day after the day the earlier	3185
of the following occurs:	3186

(a) The receipt by the telephone company of the full amount	3187
of past due charges;	3188

(b) The receipt by the telephone company of the first payment	3189
under a mutually agreed-upon payment arrangement.	3190

(C) The rules described in division (B) of this section shall	3191
provide for a waiver of the standards described in that division	3192
in circumstances determined appropriate by the commission.	3193

Sec. 4927.09.  Every telephone company providing telephone	3194
exchange service shall maintain access to 9-1-1 service on a	3195
residential customer's line for a minimum of fourteen consecutive	3196
days immediately following any disconnection for nonpayment of a	3197
customer's telephone exchange service.	3198

Sec. 4927.11. (A) Except as otherwise provided in this	3199
section, an incumbent local exchange carrier shall provide basic	3200
local exchange service to all persons or entities in its service	3201
area requesting that service, and that service shall be provided	3202
on a reasonable and nondiscriminatory basis.	3203

(B)(1) An incumbent local exchange carrier is not obligated	3204
to construct facilities and provide basic local exchange service,	3205
or any other telecommunications service, to the occupants of	3206
multitenant real estate, including, but not limited to,	3207
apartments, condominiums, subdivisions, office buildings, or	3208
office parks, if the owner, operator, or developer of the	3209
multitenant real estate does any of the following to the benefit	3210
of any other telecommunications service provider:	3211

(a) Permits only one provider of telecommunications service	3212
to install the company's facilities or equipment during the	3213
construction or development phase of the multitenant real estate;	3214

(b) Accepts or agrees to accept incentives or rewards that	3215
are offered by a telecommunications service provider to the owner,	3216
operator, developer, or occupants of the multitenant real estate	3217
and are contingent on the provision of telecommunications service	3218
by that provider to the occupants, to the exclusion of services	3219
provided by other telecommunications service providers;	3220

(c) Collects from the occupants of the multitenant real	3221
estate any charges for the provision of telecommunications service	3222
to the occupants, including charges collected through rents, fees,	3223
or dues.	3224

(2) A carrier not obligated to construct facilities and	3225
provide basic local exchange service pursuant to division (B)(1)	3226
of this section shall notify the public utilities commission of	3227
that fact within one hundred twenty days of receiving knowledge	3228
thereof.	3229

(3) The commission by rule may establish a process for	3230
determining a necessary successor telephone company to provide	3231
service to real estate described in division (B)(1) of this	3232
section when the circumstances described in that division cease to	3233
exist.	3234

(4) An incumbent local exchange carrier that receives a	3235
request from any person or entity to provide service under the	3236
circumstances described in division (B)(1) of this section shall,	3237
within fifteen days of such receipt, provide notice to the person	3238
or entity specifying whether the carrier will provide the	3239
requested service. If the carrier provides notice that it will not	3240
serve the person or entity, the notice shall describe the person's	3241
or entity's right to file a complaint with the commission under	3242
section 4927.21 of the Revised Code within thirty days after	3243
receipt of the notice. In resolving any such complaint, the	3244
commission's determination shall be limited to whether any	3245
circumstance described in divisions (B)(1)(a) to (c) of this	3246
section exists. Upon a finding by the commission that such a	3247
circumstance exists, the complaint shall be dismissed. Upon a	3248
finding that such circumstances do not exist, the person's or	3249
entity's sole remedy shall be provision by the carrier of the	3250
requested service within a reasonable time.	3251

(C) An incumbent local exchange carrier may apply to the	3252
commission for a waiver from compliance with division (A) of this	3253
section. The application shall include, at a minimum, the reason	3254
for the requested waiver, the number of persons or entities who	3255
would be impacted by the waiver, and the alternatives that would	3256
be available to those persons or entities if the waiver were	3257
granted. The incumbent local exchange carrier applying for the	3258
waiver shall publish notice of the waiver application one time in	3259
a newspaper of general circulation throughout the service area	3260
identified in the application and shall provide additional notice	3261
to affected persons or entities as required by the commission in	3262
rules adopted under this division. The commission's rules shall	3263
define "affected" for purposes of this division. The commission	3264
shall afford such persons or entities a reasonable opportunity to	3265
comment to the commission on the application. This opportunity	3266
shall include a public hearing conducted in accordance with rules	3267
adopted under this division and conducted in the service area	3268
identified in the application. After a reasonable opportunity to	3269
comment has been provided, but not later than one hundred twenty	3270
days after the application is filed, the commission either shall	3271
issue an order granting the waiver if, upon investigation, it	3272
finds the waiver to be just, reasonable, and not contrary to the	3273
public interest, and that the applicant demonstrates a financial	3274
hardship or an unusual technical limitation, or shall issue an	3275
order denying the waiver based on a failure to meet those	3276
standards and specifying the reasons for the denial. The	3277
commission shall adopt rules to implement division (C) of this	3278
section.	3279

Sec. 4927.12.  (A) As used in this section, "exchange area"	3280
means a geographical service area established by an incumbent	3281
local exchange carrier and approved by the public utilities	3282
commission.	3283

(B) Subject to divisions (C), (D), and (E) of this section,	3284
and upon not less than thirty days' notice to the public utilities	3285
commission and to affected customers, an incumbent local exchange	3286
carrier may alter its rates for basic local exchange service.	3287

(C) In addition to the requirements of division (B) of this	3288
section, all of the following apply to any upward alteration of	3289
rates for basic local exchange service made under that division:	3290

(1) If the incumbent local exchange carrier, within twelve	3291
months prior to the effective date of this section, increased the	3292
carrier's rates for basic local exchange service for an exchange	3293
area, both of the following apply:	3294

(a) The incumbent local exchange carrier may not alter the	3295
carrier's rates for basic local exchange service for the exchange	3296
area upward by any amount during the period that ends twelve	3297
months after the date of the last increase of the rates for basic	3298
local exchange service.	3299

(b) In no event may the incumbent local exchange carrier,	3300
during the twelve-month period that begins immediately after the	3301
end date of the period described in division (C)(1)(a) of this	3302
section, and during any subsequent twelve-month period, alter the	3303
carrier's rates for basic local exchange service upward for the	3304
exchange area by more than the amount authorized for an annual	3305
increase in the rate for basic local exchange service by division	3306
(A) of rule 4901:1-4-11 of the Ohio Administrative Code as that	3307
rule existed on the effective date of this section.	3308

(2) If the incumbent local exchange carrier did not, within	3309
twelve months prior to the effective date of this section,	3310
increase the carrier's rates for basic local exchange service for	3311
an exchange area, and if the commission has made a prior	3312
determination that the exchange area qualified for alternative	3313
regulation of basic local exchange service under Chapter 4901:1-4	3314
of the Ohio Administrative Code as that chapter existed on the	3315
effective date of this section, in no event may the incumbent	3316
local exchange carrier, during the twelve-month period that begins	3317
on the effective date of this section, and during any subsequent	3318
twelve-month period, alter the carrier's rates for basic local	3319
exchange service upward for the exchange area by more than the	3320
amount described in division (C)(1)(b) of this section.	3321

(3)(a) If the commission has not made a prior determination	3322
that the exchange area qualified for alternative regulation of	3323
basic local exchange service under Chapter 4901:1-4 of the Ohio	3324
Administrative Code as that chapter existed on the effective date	3325
of this section, an incumbent local exchange carrier may not alter	3326
its rates for basic local exchange service upward for that	3327
exchange area unless the carrier first applies to the commission	3328
and the commission determines that the application demonstrates	3329
that two or more alternative providers offer, in the exchange	3330
area, competing service to the basic local exchange service	3331
offered by an incumbent local exchange carrier in the exchange	3332
area, regardless of the technology and facilities used by the	3333
alternative provider, the alternative provider's location, and the	3334
extent of the alternative provider's service area within the	3335
exchange area. An alternative provider includes a telephone	3336
company, including a wireless service provider, a	3337
telecommunications carrier, and a provider of internet	3338
protocol-enabled services, including voice over internet protocol.	3339

(b) Upon the filing of an application under division	3340
(C)(3)(a) of this section, the commission shall be deemed to have	3341
found that the application meets the requirements of that division	3342
unless the commission, within thirty days after the filing of the	3343
application, issues an order finding that the requirements have	3344
not been met.	3345

(c) In no event may an incumbent local exchange carrier that	3346
applies to the commission under division (C)(3)(a) of this	3347
section, during the twelve-month period that begins on the	3348
thirty-first day after the company files the application, and	3349
during any subsequent twelve-month period, alter the carrier's	3350
rates for basic local exchange service upward for the exchange	3351
area to which the application applies by more than the amount	3352
described in division (C)(1)(b) of this section.	3353

(4) In no event may an incumbent local exchange carrier,	3354
before January 1, 2012, alter the carrier's rates for basic local	3355
exchange service upward for a customer receiving lifeline service	3356
under section 4927.13 of the Revised Code.	3357

(D) Except as provided in division (E) of this section, no	3358
banking of upward rate alterations made under division (B) of this	3359
section is permitted.	3360

(E) At any time and upon not less than thirty days' notice to	3361
the commission and to affected customers, an incumbent local	3362
exchange carrier owned and operated exclusively by and solely for	3363
its customers may alter its rates for basic local exchange service	3364
by any amount.	3365

(F) The rates, terms, and conditions for basic local exchange	3366
service and for installation and reconnection fees for basic local	3367
exchange service shall be tariffed in the manner prescribed by	3368
rule adopted by the commission.	3369

Sec. 4927.13.  (A) An incumbent local exchange carrier that	3370
is an eligible telecommunications carrier under 47 C.F.R. 54.201	3371
shall implement lifeline service throughout the carrier's	3372
traditional service area for its eligible residential customers.	3373

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

3374

(a) Flat-rate, monthly, primary access line service with	3375
touch-tone service, at a recurring discount to the monthly basic	3376
local exchange service rate that provides for the maximum	3377
contribution of federally available assistance;	3378

(b) Not more than once per customer at a single address in a	3379
twelve-month period, a waiver of all nonrecurring service order	3380
charges for establishing service;	3381

(c) Free blocking of toll service, 900 service, and 976	3382
service.	3383

The carrier may offer to lifeline service customers any other	3384
services and bundles or packages of services at the prevailing	3385
prices, less the lifeline discount.	3386

(2) The carrier also shall offer special payment arrangements	3387
to lifeline service customers that have past due bills for	3388
regulated local service charges, with the initial payment not to	3389
exceed twenty-five dollars before service is installed, and the	3390
balance for regulated local service charges to be paid over six,	3391
equal, monthly payments. Lifeline service customers with past due	3392
bills for toll service charges shall have toll restricted service	3393
until the past due toll service charges have been paid or until	3394
the customer establishes service with another toll service	3395
provider.	3396

(3)(a) Every incumbent local exchange carrier required to	3397
implement lifeline service under division (A) of this section	3398
shall establish an annual marketing budget for promoting lifeline	3399
service and performing outreach regarding lifeline service. All	3400
funds allocated to this budget shall be spent for the promotion	3401
and marketing of lifeline service and outreach regarding lifeline	3402
service and only for those purposes and not for any administrative	3403
costs of implementing lifeline service. All activities relating to	3404
the promotion of, marketing of, and outreach regarding lifeline	3405
service shall be coordinated through a single advisory board	3406
composed of staff of the public utilities commission, the office	3407
of the consumers' counsel, consumer groups representing low-income	3408
constituents, two representatives from the Ohio association of	3409
community action agencies, and, except as provided in division	3410
(A)(3)(b) of this section, every incumbent local exchange carrier	3411
required to implement lifeline service under division (A) of this	3412
section. The public utilities commission may review and approve	3413
decisions of the advisory board in accordance with commission	3414
rules, including decisions on how the lifeline marketing,	3415
promotion, and outreach activities are implemented.	3416

(b) Division (A)(3)(a) of this section does not apply to an	3417
incumbent local exchange carrier with fewer than fifty thousand	3418
access lines.	3419

(4) All other aspects of the carrier's state-specific	3420
lifeline service shall be consistent with federal requirements.	3421

(B) The rates, terms, and conditions for the carrier's	3422
lifeline service shall be tariffed in the manner prescribed by	3423
rule adopted by the public utilities commission.	3424

(C)(1) Eligibility for lifeline service under division (A) of	3425
this section shall be based on either of the following criteria:	3426

(a) An individual's verifiable participation in any federal	3427
or state low-income assistance program, specified in rules adopted	3428
by the commission, that limits assistance based on household	3429
income;	3430

(b) Other verification that an individual's household income	3431
is at or below one hundred fifty per cent of the federal poverty	3432
level.	3433

The public utilities commission shall adopt rules	3434
establishing requirements for the implementation of automatic	3435
enrollment of eligible individuals for lifeline assistance. The	3436
public utilities commission shall work with the appropriate state	3437
agencies that administer federal or state low-income assistance	3438
programs and with carriers to negotiate and acquire information	3439
necessary to verify an individual's eligibility and the data	3440
necessary to automatically enroll eligible individuals for	3441
lifeline service. Every incumbent local exchange carrier required	3442
to implement lifeline service under division (A) of this section	3443
shall implement automatic enrollment in accordance with the	3444
applicable rules of the public utilities commission and to the	3445
extent that appropriate state agencies are able to accommodate the	3446
automatic enrollment.	3447

(2) The carrier shall provide written notification if the	3448
carrier determines that an individual is not eligible for lifeline	3449
service and shall provide the individual an additional thirty days	3450
to prove eligibility.	3451

(3) The carrier shall provide written customer notification	3452
if a customer's lifeline service is to be terminated due to	3453
failure to submit acceptable documentation for continued	3454
eligibility for that assistance and shall provide the customer an	3455
additional sixty days to submit acceptable documentation of	3456
continued eligibility or dispute the carrier's findings regarding	3457
termination of the lifeline service.	3458

(D) An incumbent local exchange carrier required to implement	3459
lifeline service under division (A) of this section may recover	3460
from end users of the carrier's telecommunications service other	3461
than lifeline service customers, by a method approved by the	3462
public utilities commission, any lifeline service discounts and	3463
any other lifeline service expenses that the public utilities	3464
commission prescribes by rule and that are not recovered through	3465
federal or state funding, except for expenses incurred under	3466
division (A)(3)(a) of this section. A carrier seeking recovery of	3467
discounts or expenses shall, in accordance with rules adopted by	3468
the public utilities commission, apply to the public utilities	3469
commission for approval of the method of recovery. If the method	3470
of recovery includes a customer billing surcharge, the public	3471
utilities commission shall prescribe by rule how the surcharge is	3472
to be identified on customer bills.	3473

(E) Every incumbent local exchange carrier required to	3474
implement lifeline service under division (A) of this section	3475
shall annually file with the public utilities commission a report	3476
that identifies the number of its customers who receive, at the	3477
time of the filing of the report, lifeline service.	3478

Sec. 4927.14.  The public utilities commission may adopt	3479
rules requiring any telephone company that is a telephone toll	3480
service provider to offer discounts for operator-assisted and	3481
direct-dial services for persons with communication disabilities.	3482

Sec. 4927.15.  (A) The rates, terms, and conditions for 9-1-1	3483
service provided in this state by a telephone company or a	3484
telecommunications carrier and each of the following provided in	3485
this state by a telephone company shall be approved and tariffed	3486
in the manner prescribed by rule adopted by the public utilities	3487
commission and shall be subject to the applicable laws, including	3488
rules or regulations adopted and orders issued by the commission	3489
or the federal communications commission and, including, as to	3490
9-1-1 service, sections 4931.40 to 4931.70 and 4931.99 of the	3491
Revised Code:	3492

(1) Carrier access;

3493

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

3494

(3) Pole attachments and conduit occupancy under section	3495
4905.71 of the Revised Code;	3496

(4) Pay telephone access lines;

3497

(5) Toll presubscription;

3498

(6) Telecommunications relay service.

3499

(B) The public utilities commission may order changes in a	3500
telephone company's rates for carrier access in this state subject	3501
to this division. In the event that the public utilities	3502
commission reduces a telephone company's rates for carrier access	3503
that are in effect on the effective date of this section, that	3504
reduction shall be on a revenue-neutral basis under terms and	3505
conditions established by the public utilities commission, and any	3506
resulting rate changes necessary to comply with division (B) or	3507
(C) of this section shall be in addition to any upward rate	3508
alteration made under section 4927.12 of the Revised Code.	3509

(C) The public utilities commission has authority to address	3510
carrier access policy and to create and administer mechanisms for	3511
carrier access reform, including, but not limited to, high cost	3512
support.	3513

Sec. 4927.16.  (A) The public utilities commission shall not	3514
establish any requirements for the unbundling of network elements,	3515
for the resale of telecommunications service, or for network	3516
interconnection that exceed or are inconsistent with or prohibited	3517
by federal law, including federal regulations.	3518

(B) The commission shall not establish pricing for such	3519
unbundled elements, resale, or interconnection that is	3520
inconsistent with or prohibited by federal law, including federal	3521
regulations, and shall comply with federal law, including federal	3522
regulations, in establishing such pricing.	3523

Sec. 4927.17. (A) Except as provided in sections 4927.07 and	3524
4927.12 of the Revised Code and, if applicable, under rules	3525
adopted by the public utilities commission for the pilot program	3526
for community-voicemail service created in S.B. 162 of the 128th	3527
general assembly, a telephone company shall provide at least	3528
fifteen days' advance notice to its affected customers of any	3529
material change in the rates, terms, and conditions of a service	3530
and any change in the company's operations that are not	3531
transparent to customers and may impact service.	3532

(B) A telephone company shall inform its customers of the	3533
commission's toll-free number and e-mail address on all bills and	3534
disconnection notices and any residential customers of the office	3535
of the consumers' counsel's toll-free number and e-mail address on	3536
all residential bills and disconnection notices.	3537

Sec. 4927.18.  The public utilities commission may adopt	3538
rules regarding the rates, terms, and conditions of intrastate	3539
telecommunications service initiated from a telephone instrument	3540
set aside for use by inmates or juvenile offenders by authorities	3541
of a secured correctional facility.	3542

Sec. 4927.19.  The public utilities commission may	3543
investigate or examine the books, records, or practices of any	3544
telephone company, but only to the extent of the commission's	3545
jurisdiction over the company under sections 4927.01 to 4927.21 of	3546
the Revised Code. Subject to that limitation, the commission may	3547
do any of the following:	3548

(A) Through its commissioners or by inspectors or employees	3549
authorized by it, examine the books, records, contracts,	3550
documents, and papers of any such company for any purpose	3551
incidental to the commission's authority under those sections;	3552

(B) By subpoena duces tecum, compel the production of such	3553
books, records, contracts, documents, and papers;	3554

(C) Compel the attendance of such witnesses as it requires to	3555
give evidence in connection with such an investigation.	3556

Sec. 4927.20. To the extent subject to the public utilities	3557
commission's jurisdiction under this chapter, all of the following	3558
shall comply with every order, direction, and requirement of the	3559
commission made under authority of this chapter:	3560

(A) Every telephone company, including every wireless service	3561
provider;	3562

(B) Every telecommunications carrier;

3563

(C) Every provider of internet protocol-enabled services,	3564
including voice over internet protocol.	3565

Sec. 4927.21. (A) Any person may file with the public	3566
utilities commission, or the commission may initiate, a complaint	3567
against a telephone company other than a wireless service	3568
provider, alleging that any rate, practice, or service of the	3569
company is unjust, unreasonable, unjustly discriminatory, or in	3570
violation of or noncompliance with any provision of sections	3571
4927.01 to 4927.20 of the Revised Code or a rule or order adopted	3572
or issued under those sections. Any dispute between telephone	3573
companies, between telephone companies and wireless service	3574
providers, or between wireless service providers that is within	3575
the commission's jurisdiction under sections 4927.01 to 4927.20 of	3576
the Revised Code may be brought by a filing pursuant to this	3577
division.	3578

(B) If it appears that reasonable grounds for complaint are	3579
stated by a complaint filed under division (A) of this section,	3580
the commission shall fix a time for hearing and shall notify	3581
complainants and the telephone company or wireless service	3582
provider thereof. The parties to the complaint shall be entitled	3583
to be heard, represented by counsel, and to have a process for the	3584
attendance of witnesses.	3585

(C) If the commission after hearing in a proceeding under	3586
division (B) of this section makes a finding against the party	3587
complained of, the commission may do either or both of the	3588
following:	3589

(1) Determine, but only to the extent authorized under	3590
sections 4927.01 to 4927.20 of the Revised Code, the rate,	3591
practice, or service thereafter to be adopted and observed,	3592
including any appropriate remedy for a complaint;	3593

(2) Assess a forfeiture of not more than ten thousand dollars	3594
for each violation or failure. Each day's continuance of the	3595
violation or failure is a separate offense, and all occurrences of	3596
a violation or failure on each such day shall be deemed one	3597
violation. All forfeitures authorized under this section are	3598
cumulative, and a suit for and recovery of one does not bar the	3599
recovery of any other. Collected forfeitures shall be deposited	3600
into the state treasury to the credit of the general revenue fund.	3601
Actions to recover such forfeitures shall be prosecuted in the	3602
name of the state and shall be brought in the court of common	3603
pleas of any county in which the party complained of is located.	3604
The attorney general shall commence such actions and prosecute	3605
them when the commission directs.	3606

(D) The commission also may suspend, rescind, or	3607
conditionally rescind the certification of a telephone company	3608
under section 4927.05 of the Revised Code under either of the	3609
following circumstances:	3610

(1) The commission determines, after notice and opportunity	3611
for hearing, that the telephone company has failed to comply with	3612
any provision of section 4905.10 or 4905.14 of the Revised Code.	3613

(2) The commission determines in a proceeding under division	3614
(B) of this section that the telephone company has willfully or	3615
repeatedly failed to comply with any other applicable state or	3616
federal law.	3617

(E) The commission has no authority to order credits to any	3618
customer of a telephone company, except in response to a complaint	3619
determined in accordance with this section.	3620

(F) Upon request of the commission, the attorney general may	3621
commence and prosecute such action or proceeding in mandamus, by	3622
injunction, or by other appropriate civil remedy in the name of	3623
the state, as is directed by the commission, alleging any	3624
violation or noncompliance specified in division (A) of this	3625
section, and praying for such proper relief as the court may	3626
prescribe.	3627

Sec. 4929.02.  (A) It is the policy of this state to,	3628
throughout this state:	3629

(1) Promote the availability to consumers of adequate,	3630
reliable, and reasonably priced natural gas services and goods;	3631

(2) Promote the availability of unbundled and comparable	3632
natural gas services and goods that provide wholesale and retail	3633
consumers with the supplier, price, terms, conditions, and quality	3634
options they elect to meet their respective needs;	3635

(3) Promote diversity of natural gas supplies and suppliers,	3636
by giving consumers effective choices over the selection of those	3637
supplies and suppliers;	3638

(4) Encourage innovation and market access for cost-effective	3639
supply- and demand-side natural gas services and goods;	3640

(5) Encourage cost-effective and efficient access to	3641
information regarding the operation of the distribution systems of	3642
natural gas companies in order to promote effective customer	3643
choice of natural gas services and goods;	3644

(6) Recognize the continuing emergence of competitive natural	3645
gas markets through the development and implementation of flexible	3646
regulatory treatment;	3647

(7) Promote an expeditious transition to the provision of	3648
natural gas services and goods in a manner that achieves effective	3649
competition and transactions between willing buyers and willing	3650
sellers to reduce or eliminate the need for regulation of natural	3651
gas services and goods under Chapters 4905. and 4909. of the	3652
Revised Code;	3653

(8) Promote effective competition in the provision of natural	3654
gas services and goods by avoiding subsidies flowing to or from	3655
regulated natural gas services and goods;	3656

(9) Ensure that the risks and rewards of a natural gas	3657
company's offering of nonjurisdictional and exempt services and	3658
goods do not affect the rates, prices, terms, or conditions of	3659
nonexempt, regulated services and goods of a natural gas company	3660
and do not affect the financial capability of a natural gas	3661
company to comply with the policy of this state specified in this	3662
section;	3663

(10) Facilitate the state's competitiveness in the global	3664
economy;	3665

(11) Facilitate additional choices for the supply of natural	3666
gas for residential consumers, including aggregation;	3667

(12) Promote an alignment of natural gas company interests	3668
with consumer interest in energy efficiency and energy	3669
conservation.	3670

(B) The public utilities commission and the office of the	3671
consumers' counsel shall follow the policy specified in this	3672
section in exercising their respective authorities relative to	3673
sections 4929.03 to 4929.30 of the Revised Code.	3674

(C) Nothing in Chapter 4929. of the Revised Code shall be	3675
construed to alter the public utilities commission's construction	3676
or application of division (A)(6)(5) of section 4905.03 of the	3677
Revised Code.	3678

Sec. 4931.01. As used in sections 4931.02 to 4931.05 of the	3679
Revised Code, "telephone company" has the same meaning as in	3680
section 4927.01 of the Revised Code.	3681

Sec. 4931.02. (A) A telegraphtelephone company may	3682
construct, own, use, and maintain telegraphtelecommunications	3683
lines and facilities, whether described in its original articles	3684
of incorporation or not, and whether such lines or facilities are	3685
wholly within or partly beyond the limits of this state. It may	3686
join with another company or association in conducting, leasing,	3687
owning, using, or maintaining such lines or facilities, on terms	3688
agreed upon between the directors or managers of the respective	3689
companies. Such companies may own and hold any interest in such	3690
lines or facilities, or become lessees thereof on such terms as	3691
they agree upon, but no such company and the owner of rights of	3692
way shall contract for the exclusive use of such rights of way for	3693
telegraphictelecommunications purposes.	3694

(B) A telephone company's lines and facilities shall not	3695
unreasonably interfere with the practical uses of the property on	3696
which they are located. A telephone company shall repair defective	3697
lines and facilities, which repairs shall be consistent with	3698
reasonable business practices and applicable industry standards.	3699

Sec. 4931.03.  (A) A telegraph or telephone company may do	3700
either of the following in the unincorporated area of the	3701
township:	3702

(1) Construct telegraph or telephone linestelecommunications	3703
lines or facilities upon and along any of the public roads and	3704
highways and across any waters within that area by the erection of	3705
the necessary fixtures, including posts, piers, or abutments for	3706
sustaining the cords or wires of those lines or facilities. Those	3707
The lines and facilities shall be constructed so as not to	3708
incommode the public in the use of the roads or highways, or	3709
endanger or injuriously interrupt the navigation of the waters.	3710

(2) Construct telegraph or telephonetelecommunications lines	3711
and the fixtures necessary for containing and protecting those	3712
linesfacilities in such a manner as to protect them beneath the	3713
surface of any of the public roads and highways and beneath any	3714
waters within that area. Those lines and facilities shall be	3715
constructed so as not to incommode the public in the use of the	3716
roads or highways, or endanger or injuriously interrupt the	3717
navigation of the waters.	3718

(B)(1) This section does not authorize the construction of a	3719
bridge across any waters within the state.	3720

(2) Construction under this section is subject to section	3721
5571.16 of the Revised Code, as applicable, and any other	3722
applicable law, including, but not limited to, any law requiring	3723
approval of the legislative authority, the county engineer, or the	3724
director of transportation.	3725

Sec. 4931.04.  A telegraphtelephone company may enter upon	3726
any land held by an individual or a corporation, whether such land	3727
was acquired by purchase, appropriation, or by virtue of any	3728
provision in its charter, for the purpose of making preliminary	3729
examination and surveys, with a view to the location and	3730
construction of telegraphtelecommunications lines and facilities,	3731
and may appropriate so much of such land in accordance with	3732
sections 163.01 to 163.22, inclusive, of the Revised Code, as it	3733
deems necessary for the construction and maintenance of its	3734
telegraph poles, cables, conduits, piers, abutments, wires, and	3735
other necessary fixtures, stationsthose lines and facilities, and	3736
the right of way in, through, over, across, and under such lands	3737
and adjacent lands, sufficient to enable it to construct and	3738
repair itsthe lines and facilities.	3739

Sec. 4931.11.        Sec. 4931.05.  Any company organized at any time to	3740
transact a telegraph, telephone, or communications business may	3741
construct, reconstruct, own, use, lease, operate, maintain, and	3742
improve communications systems for the transmission of voices,	3743
sounds, writings, signs, signals, pictures, visions, images, or	3744
other forms of intelligence, as public utility services, by means	3745
of wire, cable, radio, radio relay, or other telecommunications	3746
facilities, methods, or media. Any such company has the powers and	3747
is subject to the restrictions prescribed in sections 4931.02 to	3748
4931.224931.04 of the Revised Code, for telegraph or telephone	3749
companies.	3750

Sec. 4931.35.        Sec. 4931.06.  (A) As used in this section and in	3751
sections 2317.02 and 2921.22 of the Revised Code:	3752

(1) "Communications assistant" means a person who	3753
transliterates conversation from text to voice and from voice to	3754
text between the end users of a telecommunications relay service	3755
provided pursuant to this section or Title II of the	3756
"Communications Act of 1934," 104 Stat. 366 (1990), 47 U.S.C. 225.	3757

(2) "Communicative impairment" means deafness or speech	3758
impairment.	3759

(3) "Deafness" means a hearing loss that prevents a person	3760
from being able to understand speech over the telephone.	3761

(4) "Speech impairment" means a speech impairment that	3762
renders a person's speech unintelligible on the telephone.	3763

(5) "Telecommunications relay service" means telephone	3764
transmission services that provide the ability for an individual	3765
who has a communicative impairment to engage in a communication by	3766
wire or radio with a hearing individual in a manner that is	3767
functionally equivalent to the ability of an individual who does	3768
not have a communicative impairment to communicate using voice	3769
communication services by wire or radio. "Telecommunications relay	3770
service" includes services that enable two-way communication	3771
between an individual who uses a text telephone or other nonvoice	3772
terminal device and an individual who does not use such a device.	3773

(B) Any communication made by or to a person with a	3774
communicative impairment with the assistance of a communications	3775
assistant at a telecommunications relay service is confidential	3776
and privileged and shall not be disclosed by the communications	3777
assistant in any civil case or proceeding or in any legislative or	3778
administrative proceeding, unless the person making the	3779
communication and the person to whom the communication is made	3780
each waive the privilege of confidentiality or the obligation to	3781
divulge the communication is mandated by federal law or regulation	3782
or pursuant to subpoena in a criminal proceeding.	3783

(C) A communications assistant or a telecommunications relay	3784
service provider is not subject to criminal prosecution and is not	3785
liable in damages in any civil action on account of the act of	3786
transliterating or the content of any communication	3787
transliterated, or any injury, death, or loss to person or	3788
property allegedly arising from the act of transliterating or the	3789
content of any communication transliterated, between the end users	3790
of a telecommunications relay service, except in cases of willful	3791
or wanton misconduct.	3792

Sec. 4931.99.  (A) Whoever violates division (D) of section	3793
4931.49 of the Revised Code is guilty of a misdemeanor of the	3794
fourth degree.	3795

(B) Whoever violates section 4931.25, 4931.26, 4931.27,	3796
4931.30, or 4931.31 of the Revised Code is guilty of a misdemeanor	3797
of the third degree.	3798

(C) Whoever violates section 4931.28 of the Revised Code is	3799
guilty of a felony of the fourth degree.	3800

(D) Whoever violates section 4931.29 or division (B) of	3801
section 4931.354931.06 of the Revised Code is guilty of a	3802
misdemeanor in the first degree.	3803

(E)(C) Whoever violates division (E) or (F) of section	3804
4931.49 or division (B)(2) of section 4931.66 of the Revised Code	3805
is guilty of a misdemeanor of the fourth degree on a first offense	3806
and a felony of the fifth degree on each subsequent offense.	3807

(F)(D) Whoever violates section 4931.75 of the Revised Code	3808
is guilty of a minor misdemeanor for a first offense and a	3809
misdemeanor of the first degree on each subsequent offense.	3810

Sec. 4933.14.  (A) and exceptExcept as otherwise provided in	3811
division (B) of this section Sections,division (A) of section	3812
4931.02 to 4931.22, and sections 4931.03, 4931.04, and 4933.13 to	3813
4933.16 of the Revised Code apply to a company organized for	3814
supplying public and private buildings, manufacturing	3815
establishments, streets, alleys, lanes, lands, squares, and public	3816
places with electric light and power, and to an automatic package	3817
carrier. Every and exceptExcept as otherwise provided in division	3818
(B) of this section,every such company has the powers and is	3819
subject to the restrictions prescribed for a telegraphtelephone	3820
company by sectionsdivision (A) of section 4931.02 to 4931.22and	3821
sections 4931.03 and 4931.04 of the Revised Code.	3822

(B) SectionsSection 4931.04, 4931.06, 4931.07, 4931.12, and	3823
4931.13 of the Revised Code applyapplies to a company organized	3824
for supplying electricity only if the company transmits or	3825
distributes electricity, and every such company has the powers and	3826
is subject to the restrictions prescribed for a telegraph	3827
telephone company by those sectionsthat section except for the	3828
purpose of erecting, operating, or maintaining an electric	3829
generating station.	3830

Sec. 4933.18.  (A) In a prosecution for a theft offense, as	3831
defined in section 2913.01 of the Revised Code, that involves	3832
alleged tampering with a gas, electric, steam, or water meter,	3833
conduit, or attachment of a utility that has been disconnected by	3834
the utility, proof that a meter, conduit, or attachment of a	3835
utility has been tampered with is prima-facie evidence that the	3836
person who is obligated to pay for the service rendered through	3837
the meter, conduit, or attachment and is in possession or control	3838
of the meter, conduit, or attachment at the time the tampering	3839
occurred has caused the tampering with intent to commit a theft	3840
offense.	3841

In a prosecution for a theft offense, as defined in section	3842
2913.01 of the Revised Code, that involves the alleged	3843
reconnection of a gas, electric, steam, or water meter, conduit,	3844
or attachment of a utility that has been disconnected by the	3845
utility, proof that a meter, conduit, or attachment disconnected	3846
by a utility has been reconnected without the consent of the	3847
utility is prima-facie evidence that the person in possession or	3848
control of the meter, conduit, or attachment at the time of the	3849
reconnection has reconnected the meter, conduit, or attachment	3850
with intent to commit a theft offense.	3851

(B) As used in this section:

3852

(1) "Utility" means any electric light company, gas company,	3853
natural gas company, pipe-line company, water-works company, or	3854
heating or cooling company, as defined by division (A)(3), (4),	3855
(5), (6), (7), or (8), or (9) of section 4905.03 of the Revised	3856
Code, its lessees, trustees, or receivers, or any similar utility	3857
owned or operated by a political subdivision.	3858

(2) "Tamper" means to interfere with, damage, or by-pass a	3859
utility meter, conduit, or attachment with the intent to impede	3860
the correct registration of a meter or the proper functions of a	3861
conduit or attachment so as to reduce the amount of utility	3862
service that is registered on the meter.	3863

Sec. 4933.19.  Each electric light company, gas company,	3864
natural gas company, pipe-line company, water-works company, or	3865
heating or cooling company, as defined by division (A)(3), (4),	3866
(5), (6), (7), or (8), or (9) of section 4905.03 of the Revised	3867
Code, or its lessees, trustees, or receivers, and each similar	3868
utility owned or operated by a political subdivision shall notify	3869
its customers, on an annual basis, that tampering with or	3870
bypassing a meter constitutes a theft offense that could result in	3871
the imposition of criminal sanctions.	3872

Sec. 4939.01. As used in sections 4939.01 to 4939.08 of the	3873
Revised Code:	3874

(A) "Cable operator," "cable service," and "franchise" have	3875
the same meanings as in the "Cable Communications Policy Act of	3876
1984," 98 Stat. 2779, 47 U.S.C.A. 522.	3877

(B) "Occupy or use" means, with respect to a public way, to	3878
place a tangible thing in a public way for any purpose, including,	3879
but not limited to, constructing, repairing, positioning,	3880
maintaining, or operating lines, poles, pipes, conduits, ducts,	3881
equipment, or other structures, appurtenances, or facilities	3882
necessary for the delivery of public utility services or any	3883
services provided by a cable operator.	3884

(C) "Person" means any natural person, corporation, or	3885
partnership and also includes any governmental entity.	3886

(D) "Public utility" means any company described in section	3887
4905.03 of the Revised Code except in divisions (A)(3)(2) and	3888
(10)(9) of that section, which company also is a public utility as	3889
defined in section 4905.02 of the Revised Code; and includes any	3890
electric supplier as defined in section 4933.81 of the Revised	3891
Code.	3892

(E) "Public way" means the surface of, and the space within,	3893
through, on, across, above, or below, any public street, public	3894
road, public highway, public freeway, public lane, public path,	3895
public alley, public court, public sidewalk, public boulevard,	3896
public parkway, public drive, and any other land dedicated or	3897
otherwise designated for a compatible public use, which, on or	3898
after the effective date of this section, is owned or controlled	3899
by a municipal corporation. "Public way" excludes a private	3900
easement.	3901

(F) "Public way fee" means a fee levied to recover the costs	3902
incurred by a municipal corporation and associated with the	3903
occupancy or use of a public way.	3904

Sec. 5515.01.  The director of transportation may upon formal	3905
application being made to the director, grant a permit to any	3906
individual, firm, or corporation to use or occupy such portion of	3907
a road or highway on the state highway system as will not	3908
incommode the traveling public. Such permits, when granted, shall	3909
be upon the following conditions:	3910

(A) The director may issue a permit to any individual, firm,	3911
or corporation for any use of a road or highway on the state	3912
highway system that is consistent with applicable federal law or	3913
federal regulations.	3914

(B) Such location shall be changed as prescribed by the	3915
director when the director deems such change necessary for the	3916
convenience of the traveling public, or in connection with or	3917
contemplation of the construction, reconstruction, improvement,	3918
relocating, maintenance, or repair of such road or highway.	3919

(C) The placing of objects or things shall be at a grade and	3920
in accordance with such plans, specifications, or both, as shall	3921
be first approved by the director.	3922

(D) The road or highway in all respects shall be fully	3923
restored to its former condition of usefulness and at the expense	3924
of such individual, firm, or corporation.	3925

(E) Such individual, firm, or corporation shall maintain all	3926
objects and things in a proper manner, promptly repair all damages	3927
resulting to such road or highway on account thereof, and in event	3928
of failure to so repair such road or highway to pay to the state	3929
all costs and expenses whichthat may be expended by the director	3930
in repairing any damage.	3931

(F) Such other conditions as may seem reasonable to the	3932
director, but no condition shall be prescribed whichthat imposes	3933
the payment of a money consideration for the privilege granted.	3934
Nothing in this division prohibits the director from requiring	3935
payment of money consideration for a lease, easement, license, or	3936
other interest in a transportation facility under control of the	3937
department of transportation.	3938

(G) Permits may be revoked by the director at any time for a	3939
noncompliance with the conditions imposed.	3940

(H) As a condition precedent to the issuance of any permit	3941
for telecommunications facilities or carbon capture and storage	3942
pipelines, the director shall require the applicant to provide	3943
proof it is party to a lease, easement, or license for the	3944
construction, placement, or operation of such facility or pipeline	3945
in or on a transportation facility.	3946

Except as otherwise provided in this section and section	3947
5501.311 of the Revised Code, Chapters 5501., 5503., 5511., 5513.,	3948
5515., 5516., 5517., 5519., 5521., 5523., 5525., 5527., 5528.,	3949
5529., 5531., 5533., and 5535. of the Revised Code do not prohibit	3950
telegraph, telephone, and electric light and power companies from	3951
constructing, maintaining, and using telegraph, telephone, or	3952
electric light and power lines along and upon such roads or	3953
highways under sections 4931.19,section 4933.14, or other	3954
sections of the Revised Code, or to affect existing rights of any	3955
such companies, or to require such companies to obtain a permit	3956
from the director, except with respect to the location of poles,	3957
wires, conduits, and other equipment comprising lines on or	3958
beneath the surface of such road or highways.	3959

This section does not prohibit steam or electric railroad	3960
companies from constructing tracks across such roads or highways,	3961
nor authorize the director to grant permission to any company	3962
owning, operating, controlling, or managing a steam railroad or	3963
interurban railway in this state to build a new line of railroad,	3964
or to change or alter the location of existing tracks across any	3965
road or highway on the state highway system at grade. No such	3966
company shall change the elevation of any of its tracks across	3967
such road or highway except in accordance with plans and	3968
specifications first approved by the director.	3969

This section does not relieve any individual, firm, or	3970
corporation from the obligation of satisfying any claim or demand	3971
of an owner of lands abutting on such road or highway on the state	3972
highway system on account of placing in such road or highway a	3973
burden in addition to public travel.	3974

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

3975

(1) "Small telephone company" means a telephone company,	3976
existing as such as of January 1, 2003, with twenty-five thousand	3977
or fewer access lines as shown on the company's annual report	3978
filed under section 4905.14 of the Revised Code for the calendar	3979
year immediately preceding the tax year, and is an "incumbent	3980
local exchange carrier" under 47 U.S.C. 251(h).	3981

(2) "Gross receipts tax amount" means the product obtained by	3982
multiplying four and three-fourths per cent by the amount of a	3983
small telephone company's taxable gross receipts, excluding the	3984
deduction of twenty-five thousand dollars, that the tax	3985
commissioner would have determined under section 5727.33 of the	3986
Revised Code for that small telephone company for the annual	3987
period ending on the thirtieth day of June of the calendar year	3988
immediately preceding the tax year, as that section applied in the	3989
measurement period from July 1, 2002, to June 30, 2003.	3990

(3) "Applicable percentage" means one hundred per cent for	3991
tax year 2005; eighty per cent for tax year 2006; sixty per cent	3992
for tax year 2007; forty per cent for tax year 2008; twenty per	3993
cent for tax year 2009; and zero per cent for each subsequent tax	3994
year thereafter.	3995

(4) "Applicable amount" means the amount resulting from	3996
subtracting the gross receipts tax amount from the tax imposed by	3997
sections 5733.06, 5733.065, and 5733.066 of the Revised Code for	3998
the tax year, without regard to any credits available to the small	3999
telephone company.	4000

(B)(1) Except as provided in division (B)(2) of this section,	4001
beginning in tax year 2005, a small telephone company is hereby	4002
allowed a nonrefundable credit against the tax imposed by sections	4003
5733.06, 5733.065, and 5733.066 of the Revised Code, equal to the	4004
product obtained by multiplying the applicable percentage by the	4005
applicable amount. The credit shall be claimed in the order	4006
required by section 5733.98 of the Revised Code.	4007

(2) If the applicable amount for a tax year is less than	4008
zero, a small telephone company shall not be allowed for that tax	4009
year the credit provided under this section.	4010

Sec. 6101.17.  The board of directors of a conservancy	4011
district, when it is necessary for the purposes of this chapter,	4012
shall have a dominant right of eminent domain over the right of	4013
eminent domain of railroad, telegraph, telephone, gas, water	4014
power, and other companies and corporations, and over townships,	4015
counties, and municipal corporations.	4016

In the exercise of this right, due care shall be taken to do	4017
no unnecessary damage to other public utilities, and, in case of	4018
failure to agree upon the mode and terms of interference, not to	4019
interfere with their operation or usefulness beyond the actual	4020
necessities of the case, due regard being paid to the other public	4021
interests involved.	4022

Sec. 6115.21.  The board of directors of a sanitary district,	4023
when it is necessary for the purposes of sections 6115.01 to	4024
6115.79, inclusive, of the Revised Code, shall have a dominant	4025
right of eminent domain over the right of eminent domain of	4026
railroad, telegraph, telephone, gas, water power, and other	4027
companies and corporations, and over townships, counties, and	4028
municipal corporations.	4029

In the exercise of this right due care shall be taken to do	4030
no unnecessary damage to other public utilities, and, in case of	4031
failure to agree upon the mode and terms of interference, not to	4032
interfere with their operation or usefulness beyond the actual	4033
necessities of the case, due regard being paid to the other public	4034
interests involved.	4035

Section 2. That existing sections 324.01, 324.03, 1332.24,	4036
2317.02, 2917.21, 2929.01, 4901.01, 4901.02, 4901.11, 4901.15,	4037
4901.22, 4903.01, 4903.20, 4903.22, 4903.23, 4905.01, 4905.02,	4038
4905.03, 4905.04, 4905.09, 4905.12, 4905.14, 4905.16, 4905.18,	4039
4905.20, 4905.21, 4905.26, 4905.30, 4905.34, 4905.40, 4905.402,	4040
4905.41, 4905.42, 4905.45, 4905.46, 4905.47, 4905.51, 4905.52,	4041
4905.58, 4905.59, 4905.61, 4905.63, 4905.71, 4905.73, 4905.84,	4042
4905.90, 4905.99, 4907.01, 4907.14, 4907.30, 4909.01, 4909.02,	4043
4909.03, 4909.17, 4911.01, 4921.01, 4923.01, 4927.01, 4927.02,	4044
4929.02, 4931.02, 4931.03, 4931.04, 4931.11, 4931.35, 4931.99,	4045
4933.14, 4933.18, 4933.19, 4939.01, 5515.01, 5733.57, 6101.17, and	4046
6115.21 and sections 4905.041, 4905.23, 4905.231, 4905.24,	4047
4905.241, 4905.242, 4905.243, 4905.244, 4905.25, 4905.381,	4048
4905.49, 4905.491, 4905.50, 4927.03, 4927.04, 4931.06, 4931.07,	4049
4931.12, 4931.13, 4931.14, 4931.15, 4931.16, 4931.17, 4931.18,	4050
4931.19, 4931.21, 4931.22, 4931.25, 4931.26, 4931.27, 4931.28,	4051
4931.29, 4931.30, and 4931.31 of the Revised Code are hereby	4052
repealed.	4053

Section 3. Coincident with the adoption of initial rules as	4054
provided for in section 4927.03 of the Revised Code as enacted by	4055
this act, the Public Utilities Commission shall rescind the	4056
following rules and shall file the requisite notice of the	4057
rescissions with the Legislative Service Commission and the	4058
Secretary of State within five days: Chapters 4901:1-4, 4901:1-5,	4059
and 4901:1-6 of the Ohio Administrative Code, except for Rule No.	4060
4901:1-5-09 and related definitions in Rule No. 4901:1-5-01 and	4061
except for Rule Nos. 4901:1-6-18 and 4901:1-6-24 and related	4062
definitions in Rule No. 4901:1-6-01. Rescission of these rules	4063
shall take effect as provided by law and, notwithstanding any	4064
other provision of the Revised Code, is not subject to legislative	4065
review or invalidation. Except as provided in section 4927.12 of	4066
the Revised Code, the Public Utilities Commission shall not	4067
enforce on or after the effective date of this act against any	4068
telephone company as defined in section 4905.03 of the Revised	4069
Code as amended by this act any provision of any of the rules	4070
specified in this section, except for Rule No. 4901:1-5-09 and	4071
related definitions in Rule No. 4901:1-5-01 and Rule Nos.	4072
4901:1-6-18 and 4901:1-6-24 and related definitions in Rule No.	4073
4901:1-6-01.	4074

Section 4. Any complaint filed pursuant to section 4905.26 of	4075
the Revised Code and pending on the effective date of Sections 1	4076
and 2 of this act shall be determined by the Public Utilities	4077
Commission pursuant to the Revised Code as it existed immediately	4078
preceding that effective date.	4079

Section 5. (A) There is hereby created the Select Committee	4080
on Telecommunications Regulatory Reform consisting of the	4081
following members:	4082

(1) The chairperson and ranking minority member of the	4083
committee in the Senate to which legislation pertaining to public	4084
utilities is referred;	4085

(2) The chairperson and ranking minority member of the	4086
committee in the House of Representatives to which legislation	4087
pertaining to public utilities is referred;	4088

(3) The chairperson of the Public Utilities Commission or an	4089
officer or employee of the Commission who shall serve as the	4090
chairperson's designee;	4091

(4) The Consumers' Counsel or an officer or employee of the	4092
Office of the Consumers' Counsel who shall serve as the designee	4093
of the Consumers' Counsel;	4094

(5) One member appointed by the Governor, who is a member of	4095
the Governor's staff;	4096

(6) One member appointed by the Governor who is a	4097
representative of the telecommunications industry.	4098

(B) The Governor shall make appointments to the Committee not	4099
later than sixty days after the effective date of this section.	4100
Vacancies on the Committee shall be filled in the manner provided	4101
for original appointments.	4102

(C) The members who serve as chairpersons of the House and	4103
Senate committees to which public utility legislation is referred	4104
shall serve as co-chairpersons of the Select Committee on	4105
Telecommunications Regulatory Reform. The Committee shall meet at	4106
the call of the co-chairpersons who shall determine the time,	4107
meeting location, and agenda for each meeting of the Committee.	4108

(D) The Committee shall study the impacts of S.B. 162 as	4109
enacted by the 128th General Assembly. The Committee's study shall	4110
include, but shall not be limited to, a review of both the	4111
economic benefits of the act and the act's impact on jobs,	4112
telephone company rates, telephone company quality of service,	4113
lifeline program customers, rural markets, rural broadband	4114
deployment, and carrier access to private property. The	4115
Committee's study shall also include a report on the	4116
Community-voicemail Service Pilot Program created in S.B. 162 of	4117
the 128th General Assembly. The Public Utilities Commission shall	4118
cooperate with the Committee as it performs its duties and shall	4119
provide reports and any other information requested by the	4120
Committee.	4121

(E) The Committee may request assistance from the Legislative	4122
Service Commission.	4123

(F) Not later than four years after the effective date of	4124
this section, the Committee shall submit a written report of its	4125
findings and recommendations to the General Assembly and the	4126
Governor. Upon submission of its report, the Committee shall cease	4127
to exist.	4128

Section 6. (A) The Public Utilities Commission shall	4129
implement a Community-voicemail Service Pilot Program for	4130
individuals who are in a state of transition and have no access to	4131
traditional telephone exchange service or readily available	4132
alternatives, including the homeless, clients of battered-spouse	4133
programs, and displaced and returning veterans. The Commission	4134
shall establish a competitive bidding process to implement the	4135
program in at least one urban area and one rural area in this	4136
state. Not later than one year after the effective date of this	4137
section, the Commission shall select one or more vendors of	4138
community-voicemail service through that competitive bidding	4139
process. The vendor or vendors selected shall begin providing	4140
services under the program not later than 60 days after being	4141
officially notified of selection, unless the vendor or vendors	4142
apply to the Commission for an extension or extensions and the	4143
Commission grants the application or applications. The Commission	4144
shall grant an application for an extension if the applicant	4145
demonstrates good cause. The Commission shall determine the length	4146
of time for any extensions.	4147

The Commission may not contract for the service if the total	4148
amount of expenditures under all contracts exceeds five hundred	4149
thousand dollars.	4150

(B) For the sole purpose of funding the program implemented	4151
under this section, the Commission shall impose on and collect	4152
from each telephone company that is a local exchange carrier an	4153
assessment to pay for costs incurred by vendors under any contract	4154
for the provision of the program in this state. The assessment	4155
shall be allocated proportionately based on the number of retail,	4156
intrastate, customer-access lines, or the equivalent, of each	4157
carrier.	4158

(C) Each local exchange carrier that pays an assessment under	4159
division (B) of this section may not recover the cost of the	4160
assessment directly from customers through a billing surcharge.	4161

(D) The Commission shall deposit the money collected under	4162
division (B) of this section in the Community-voicemail Service	4163
Pilot Program Fund, which is hereby created in the state treasury.	4164
The Commission shall use the money in that fund solely to	4165
compensate the vendors selected by the Commission to provide the	4166
service.	4167

(E) The Commission shall take any measures that it considers	4168
necessary to protect the confidentiality of information provided	4169
to the Commission under this section by local exchange carriers	4170
required to pay the assessment.	4171

(F) The Commission may assess a forfeiture of not more than	4172
one thousand dollars on any local exchange carrier that fails to	4173
comply with this section. Each day of continued violation of this	4174
section shall constitute a separate offense. The forfeiture shall	4175
be recovered in accordance with sections 4905.55 to 4905.60 of the	4176
Revised Code.	4177

(G) The Commission may adopt rules as it finds necessary to	4178
carry out this section, except that the Commission shall adopt	4179
rules specifying how recipients of services under the program are	4180
to be notified or educated of the program's termination.	4181

(H) The program shall last for two years after the date that	4182
any services begin to be provided under the program. At the	4183
conclusion of the program, the Commission shall evaluate the	4184
effectiveness of the program, the costs and benefits of the	4185
program, and the availability of other options that may better	4186
serve the needs of individuals who are in a state of transition.	4187
The Commission shall report its findings, including any	4188
recommendations for continuation, expansion, or changes to the	4189
program, to the Select Committee on Telecommunications Regulatory	4190
Reform created in S.B. 162 of the 128th general assembly. The	4191
report shall be filed not later than 120 days after the conclusion	4192
of the program.	4193

Section 7.  Section 2917.21 of the Revised Code is presented	4194
in this act as a composite of the section as amended by both H.B.	4195
565 and S.B. 215 of the 122nd General Assembly. Section 2929.01 of	4196
the Revised Code is presented in this act as a composite of the	4197
section as amended by both Am. Sub. H.B. 130 and Am. Sub. H.B. 280	4198
of the 127th General Assembly. Section 4933.14 of the Revised Code	4199
is presented in this act as a composite of the section as amended	4200
by both H.B. 283 and S.B. 3 of the 123rd General Assembly. The	4201
General Assembly, applying the principle stated in division (B) of	4202
section 1.52 of the Revised Code that amendments are to be	4203
harmonized if reasonably capable of simultaneous operation, finds	4204
that the composites are the resulting versions of those sections	4205
in effect prior to the effective date of those sections as	4206
presented in this act.	4207