The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
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As Reported by the Senate Ways and Means Committee
123rd General Assembly
Regular Session
1999-2000 | Sub. H. B. No. 177 |
REPRESENTATIVES GOODMAN-MEAD-TIBERI-OLMAN-ROMAN-TAYLOR-SCHULER-
METZGER-BRITTON-KRUPINSKI-SULLIVAN-DAMSCHRODER-VAN VYVEN-
JONES-ALLEN-BOYD-PADGETT-OPFER-CORE-JOLIVETTE-TERWILLEGER-
NETZLEY-GARDNER-BUCHY-THOMAS-O'BRIEN-CALLENDER-FLANNERY-
GRENDELL-TRAKAS-DePIERO-HARRIS-CATES-BARRETT-BENDER-PRINGLE-
PATTON-CORBIN-JERSE-EVANS-WINKLER-AUSTRIA-MYERS-HOOPS-VERICH-
HARTNETT-OGG-HARTLEY-BUEHRER-SCHURING-KREBS-SULZER-AMSTUTZ-
CAREY-BRADING-HAINES-CLANCY-VESPER-GOODING-FERDERBER-CALVERT-
HOLLISTER-REDFERN-YOUNG-GERBERRY-SALERNO-ASLANIDES-SUTTON-
HOUSEHOLDER-D. MILLER-STAPLETON-KILBANE-ROBERTS-
SENATORS BLESSING-NEIN-HORN-DRAKE-JOHNSON-McLIN-
DiDONATO-HERINGTON
A BILL
To amend sections 1345.01, 1345.02, 1345.99, and 4905.99 and to enact sections
1345.18 to 1345.20 and 4905.72 to 4905.74 of the Revised Code to
prohibit any person from switching a consumer's provider of
natural gas or public telecommunications service without first
obtaining the consumer's verified consent, and to provide various
remedies and penalties for violations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1345.01, 1345.02, 1345.99, and 4905.99 be amended
and sections 1345.18, 1345.19, 1345.20, 4905.72,
4905.73, and 4905.74 of the Revised Code be enacted to read as follows:
Sec. 1345.01. As used in sections 1345.01 to 1345.13 of
the Revised Code:
(A) "Consumer transaction" means a sale, lease,
assignment, award by chance, or other transfer of an item of
goods, a service, a franchise, or an intangible, to an individual
for purposes that are primarily personal, family, or household,
or solicitation to supply any of these things. "Consumer
transaction" does not include transactions between persons,
defined in sections 4905.03 and 5725.01 of the Revised Code, and
their customers; transactions between certified public
accountants or public accountants and their clients; transactions
between attorneys, physicians, or dentists and their clients or
patients; and transactions between veterinarians and their
patients that pertain to medical treatment but not ancillary
services.
(B) "Person" includes an individual, corporation,
government, governmental subdivision or agency, business trust,
estate, trust, partnership, association, cooperative, or other
legal entity.
(C) "Supplier" means a seller, lessor, assignor,
franchisor, or other person engaged in the business of effecting
or soliciting consumer transactions, whether or not he THE
PERSON deals directly with the consumer.
(D) "Consumer" means a person who engages in a consumer
transaction with a supplier.
(E) "Knowledge" means actual awareness, but such actual
awareness may be inferred where objective manifestations indicate
that the individual involved acted with such awareness.
(F) "NATURAL GAS SERVICE" MEANS THE SALE OF NATURAL GAS,
EXCLUSIVE OF ANY DISTRIBUTION OR ANCILLARY SERVICE.
(G) "PUBLIC TELECOMMUNICATIONS SERVICE" MEANS THE
TRANSMISSION BY ELECTROMAGNETIC OR OTHER MEANS,
OTHER THAN BY A TELEPHONE COMPANY AS DEFINED IN SECTION 4927.01 of the Revised Code,
OF
SIGNS, SIGNALS, WRITINGS, IMAGES, SOUNDS, MESSAGES, OR DATA ORIGINATING
IN THIS STATE REGARDLESS OF ACTUAL
CALL ROUTING. "PUBLIC TELECOMMUNICATIONS SERVICE" EXCLUDES A
SYSTEM, INCLUDING ITS CONSTRUCTION, MAINTENANCE, OR OPERATION, FOR
THE PROVISION OF TELECOMMUNICATIONS SERVICE, OR ANY PORTION OF
SUCH SERVICE, BY ANY ENTITY FOR THE SOLE AND EXCLUSIVE USE OF THAT
ENTITY, ITS PARENT, A SUBSIDIARY, OR AN AFFILIATED ENTITY, AND NOT
FOR RESALE, DIRECTLY OR INDIRECTLY; THE PROVISION OF TERMINAL
EQUIPMENT USED TO ORIGINATE TELECOMMUNICATIONS
SERVICE; BROADCAST TRANSMISSION BY RADIO, TELEVISION, OR SATELLITE
BROADCAST STATIONS REGULATED BY THE FEDERAL GOVERNMENT; OR CABLE
TELEVISION SERVICE.
Sec. 1345.02. (A) No supplier shall commit an unfair or
deceptive act or practice in connection with a consumer
transaction. Such an unfair or deceptive act or practice by a
supplier violates this section whether it occurs before, during,
or after the transaction.
(B) Without limiting the scope of division (A) of this
section, the act or practice of a supplier in representing any of
the following is deceptive:
(1) That the subject of a consumer transaction has
sponsorship, approval, performance characteristics, accessories,
uses, or benefits that it does not have;
(2) That the subject of a consumer transaction is of a
particular standard, quality, grade, style, prescription, or
model, if it is not;
(3) That the subject of a consumer transaction is new, or
unused, if it is not;
(4) That the subject of a consumer transaction is
available to the consumer for a reason that does not exist;
(5) That the subject of a consumer transaction has been
supplied in accordance with a previous representation, if it has
not, except that the act of a supplier in furnishing similar
merchandise of equal or greater value as a good faith substitute
does not violate this section;
(6) That the subject of a consumer transaction will be
supplied in greater quantity than the supplier intends;
(7) That replacement or repair is needed, if it is not;
(8) That a specific price advantage exists, if it does
not;
(9) That the supplier has a sponsorship, approval, or
affiliation that he THE SUPPLIER does not have;
(10) That a consumer transaction involves or does not
involve a warranty, a disclaimer of warranties or other rights,
remedies, or obligations if the representation is false.
(C) In construing division (A) of this section, the court
shall give due consideration and great weight to federal trade
commission orders, trade regulation rules and guides, and the
federal courts' interpretations of subsection 45 (a)(1) of the
"Federal Trade Commission Act," 38 Stat. 717 (1914), 15 U.S.C.A.
41, as amended.
(D) No supplier shall offer to a consumer or represent
that a consumer will receive a rebate, discount, or other benefit
as an inducement for entering into a consumer transaction in
return for giving the supplier the names of prospective
consumers, or otherwise helping the supplier to enter into other
consumer transactions, if earning the benefit is contingent upon
an event occurring after the consumer enters into the
transaction.
(E)(1) NO SUPPLIER, IN CONNECTION WITH A CONSUMER TRANSACTION
INVOLVING NATURAL GAS SERVICE
OR PUBLIC TELECOMMUNICATIONS SERVICE
TO A CONSUMER
IN
THIS STATE, SHALL REQUEST OR SUBMIT, OR CAUSE TO BE REQUESTED OR SUBMITTED, A
CHANGE IN THE CONSUMER'S PROVIDER OF NATURAL GAS
SERVICE OR PUBLIC TELECOMMUNICATIONS SERVICE, WITHOUT FIRST
OBTAINING, OR CAUSING TO BE OBTAINED, THE VERIFIED CONSENT OF THE
CONSUMER. FOR THE PURPOSE OF THIS DIVISION
AND WITH RESPECT TO
PUBLIC TELECOMMUNICATIONS SERVICE ONLY, THE PROCEDURES NECESSARY
FOR VERIFYING THE CONSENT OF A CONSUMER SHALL BE THOSE PRESCRIBED
BY RULE BY THE PUBLIC UTILITIES COMMISSION FOR PUBLIC
TELECOMMUNICATIONS SERVICE UNDER DIVISION (D) OF SECTION 4905.72
OF THE REVISED CODE. ALSO, FOR THE PURPOSE OF THIS
DIVISION,
THE ACT, OMISSION, OR
FAILURE OF ANY OFFICER, AGENT, OR OTHER INDIVIDUAL, ACTING FOR OR
EMPLOYED BY ANOTHER PERSON, WHILE ACTING WITHIN THE SCOPE OF THAT
AUTHORITY OR EMPLOYMENT, IS THE ACT OR FAILURE OF THAT OTHER
PERSON.
(2) CONSISTENT WITH THE EXCLUSION, UNDER 47
C.F.R.
64.1100(a)(3), OF COMMERCIAL MOBILE RADIO SERVICE PROVIDERS
FROM THE VERIFICATION REQUIREMENTS ADOPTED IN 47
C.F.R. 64.1100,
64.1150, 64.1160, 64.1170, 64.1180, AND 64.1190 BY THE FEDERAL
COMMUNICATIONS COMMISSION, DIVISION (E)(1) OF THIS SECTION DOES
NOT APPLY TO A PROVIDER OF COMMERCIAL MOBILE RADIO SERVICE INSOFAR AS SUCH
PROVIDER IS ENGAGED IN
THE PROVISION OF COMMERCIAL MOBILE RADIO SERVICE. HOWEVER, WHEN THAT
EXCLUSION NO LONGER IS IN
EFFECT, DIVISION (E)(1) OF THIS SECTION SHALL APPLY TO SUCH A
PROVIDER.
(3) THE ATTORNEY GENERAL MAY INITIATE CRIMINAL PROCEEDINGS FOR A
PROSECUTION UNDER DIVISION (C) OF SECTION 1345.99 OF THE
REVISED CODE BY
PRESENTING EVIDENCE OF CRIMINAL VIOLATIONS TO THE PROSECUTING ATTORNEY
OF ANY COUNTY IN WHICH THE OFFENSE MAY BE PROSECUTED. IF THE
PROSECUTING ATTORNEY DOES NOT PROSECUTE THE VIOLATIONS, OR AT THE
REQUEST OF THE PROSECUTING ATTORNEY, THE ATTORNEY GENERAL MAY
PROCEED IN THE PROSECUTION WITH ALL THE RIGHTS, PRIVILEGES, AND
POWERS CONFERRED BY LAW ON PROSECUTING ATTORNEYS, INCLUDING THE
POWER TO APPEAR BEFORE GRAND JURIES AND TO INTERROGATE WITNESSES
BEFORE GRAND JURIES.
Sec. 1345.18. (A) AS USED IN THIS SECTION:
(1) "CONSUMER," "PERSON," AND "SUPPLIER" HAVE THE SAME MEANINGS AS
IN SECTION 1345.01 OF THE REVISED CODE.
(2) "CONSUMER TRANSACTION" HAS THE SAME MEANING AS IN SECTION
1345.01 OF THE REVISED CODE EXCEPT THAT THE SALE, LEASE,
ASSIGNMENT, AWARD BY CHANCE, OR OTHER TRANSFER OF AN ITEM OF GOODS, A SERVICE,
A FRANCHISE, OR AN INTANGIBLE, OR SOLICITATION TO SUPPLY ANY OF THOSE
THINGS, TO AN INDIVIDUAL IS FOR PURPOSES THAT ARE PRIMARILY OTHER
THAN PERSONAL, FAMILY, OR HOUSEHOLD.
(3) "NATURAL GAS SERVICE" MEANS THE SALE OF NATURAL GAS,
EXCLUSIVE OF ANY DISTRIBUTION OR ANCILLARY SERVICE.
(4) "PUBLIC TELECOMMUNICATIONS SERVICE" MEANS THE TRANSMISSION
BY ELECTROMAGNETIC OR OTHER MEANS,
OTHER THAN BY A TELEPHONE COMPANY AS DEFINED IN SECTION 4927.01 of the Revised Code,
OF
SIGNS, SIGNALS, WRITINGS, IMAGES, SOUNDS, MESSAGES, OR DATA
ORIGINATING IN THIS STATE REGARDLESS OF ACTUAL
CALL ROUTING. "PUBLIC TELECOMMUNICATIONS SERVICE" EXCLUDES A
SYSTEM, INCLUDING ITS CONSTRUCTION, MAINTENANCE, OR OPERATION, FOR
THE PROVISION OF TELECOMMUNICATIONS SERVICE, OR ANY PORTION OF
SUCH SERVICE, BY ANY ENTITY FOR THE SOLE AND EXCLUSIVE USE OF THAT
ENTITY, ITS PARENT, A SUBSIDIARY, OR AN AFFILIATED ENTITY, AND NOT
FOR RESALE, DIRECTLY OR INDIRECTLY; THE PROVISION OF TERMINAL
EQUIPMENT USED TO ORIGINATE TELECOMMUNICATIONS
SERVICE; BROADCAST TRANSMISSION BY RADIO, TELEVISION, OR SATELLITE
BROADCAST STATIONS REGULATED BY THE FEDERAL GOVERNMENT; OR CABLE
TELEVISION SERVICE.
(B)(1) NO SUPPLIER, IN CONNECTION WITH A CONSUMER TRANSACTION
INVOLVING NATURAL GAS SERVICE
OR PUBLIC TELECOMMUNICATIONS SERVICE TO A CONSUMER IN THIS STATE, SHALL
REQUEST OR SUBMIT, OR
CAUSE TO BE REQUESTED OR SUBMITTED, A CHANGE IN THE CONSUMER'S
PROVIDER OF NATURAL GAS SERVICE OR PUBLIC TELECOMMUNICATIONS
SERVICE, WITHOUT FIRST OBTAINING, OR CAUSING TO BE OBTAINED, THE
VERIFIED CONSENT OF THE CONSUMER. FOR THE PURPOSE OF THIS
DIVISION
AND WITH RESPECT TO
PUBLIC TELECOMMUNICATIONS SERVICE ONLY, THE PROCEDURES NECESSARY
FOR VERIFYING THE CONSENT OF A CONSUMER SHALL BE THOSE PRESCRIBED
BY RULE BY THE PUBLIC UTILITIES COMMISSION FOR PUBLIC
TELECOMMUNICATIONS SERVICE UNDER DIVISION (D) OF SECTION 4905.72
OF THE REVISED CODE. ALSO, FOR THE PURPOSE OF THIS
DIVISION, THE ACT, OMISSION, OR FAILURE OF ANY OFFICER, AGENT, OR
OTHER INDIVIDUAL, ACTING FOR OR EMPLOYED BY ANOTHER PERSON, WHILE
ACTING WITHIN THE SCOPE OF THAT AUTHORITY OR EMPLOYMENT, IS THE
ACT OR FAILURE OF THAT OTHER PERSON.
(2) CONSISTENT WITH THE EXCLUSION, UNDER 47
C.F.R.
64.1100(a)(3), OF COMMERCIAL MOBILE RADIO SERVICE PROVIDERS
FROM THE VERIFICATION REQUIREMENTS ADOPTED IN 47
C.F.R. 64.1100,
64.1150, 64.1160, 64.1170, 64.1180, AND 64.1190 BY THE FEDERAL
COMMUNICATIONS COMMISSION, DIVISION (B)(1) OF THIS SECTION
DOES NOT APPLY TO A PROVIDER OF COMMERCIAL MOBILE RADIO SERVICE
INSOFAR AS SUCH PROVIDER IS ENGAGED IN THE PROVISION OF COMMERCIAL
MOBILE RADIO SERVICE. HOWEVER, WHEN THAT EXCLUSION NO LONGER IS
IN EFFECT, DIVISION (B)(1) OF THIS SECTION SHALL APPLY TO SUCH A
PROVIDER.
Sec. 1345.19. (A) THE COURTS OF COMMON PLEAS, AND MUNICIPAL OR
COUNTY COURTS WITHIN THEIR RESPECTIVE JURISDICTIONS, HAVE JURISDICTION OVER
ANY SUPPLIER WITH RESPECT TO A VIOLATION OF SECTION 1345.18 OF
THE REVISED CODE OR ANY CLAIM ARISING FROM A CONSUMER
TRANSACTION
SUBJECT TO THAT SECTION.
(B) THE POWER, REMEDIES, FORFEITURES, AND PENALTIES PROVIDED BY
SECTIONS 1345.18 TO 1345.20 AND DIVISION (C) OF SECTION 1345.99 of the Revised Code
ARE IN ADDITION TO ANY OTHER POWER, REMEDY,
FORFEITURE, OR PENALTY PROVIDED BY LAW.
Sec. 1345.20. (A) AN AGGRIEVED CONSUMER MAY BRING AN ACTION
FOR A DECLARATORY JUDGMENT, AN INJUNCTION, OR OTHER
APPROPRIATE RELIEF AGAINST A SUPPLIER THAT IS VIOLATING OR HAS
VIOLATED SECTION 1345.18 OF THE REVISED CODE. THE COURT MAY
ISSUE
ANY ORDER OR ENTER A JUDGMENT AS NECESSARY TO ENSURE COMPLIANCE WITH SECTION
1345.18 OF THE REVISED CODE OR PREVENT ANY ACT OR
PRACTICE THAT
VIOLATES THAT SECTION. IN ADDITION, UPON A PREPONDERANCE OF THE EVIDENCE, THE
COURT:
(1) SHALL ISSUE AN ORDER PROVIDING FOR ALL OF THE FOLLOWING:
(a) RESCINDING THE AGGRIEVED CONSUMER'S CHANGE IN SERVICE
PROVIDER;
(b) REQUIRING THE SUPPLIER TO ABSOLVE THE AGGRIEVED
CONSUMER OF
ANY LIABILITY FOR ANY CHARGES ASSESSED THE CONSUMER, OR REFUND TO THE
AGGRIEVED CONSUMER ANY CHARGES COLLECTED FROM
THE CONSUMER, BY THE SUPPLIER DURING SUCH PERIOD, AFTER THE
VIOLATION OCCURRED, THAT IS DETERMINED REASONABLE BY THE COURT;
(c) REQUIRING THE SUPPLIER TO REFUND OR PAY TO THE
AGGRIEVED CONSUMER ANY FEES PAID OR COSTS INCURRED BY THE CONSUMER RESULTING
FROM THE CHANGE OF THE CONSUMER'S SERVICE PROVIDER OR PROVIDERS,
OR FROM THE RESUMPTION OF THE CONSUMER'S SERVICE WITH THE SERVICE
PROVIDER OR PROVIDERS FROM WHICH THE CONSUMER WAS SWITCHED;
(d) REQUIRING THE SUPPLIER TO MAKE THE CONSUMER WHOLE
REGARDING
ANY BONUSES OR BENEFITS, SUCH AS AIRLINE MILEAGE OR PRODUCT DISCOUNTS, TO
WHICH THE CONSUMER IS ENTITLED, BY
RESTORING BONUSES OR BENEFITS THE CONSUMER LOST AS A RESULT OF THE
VIOLATION AND PROVIDING BONUSES OR BENEFITS THE CONSUMER WOULD
HAVE EARNED IF NOT FOR THE VIOLATION, OR BY PROVIDING SOMETHING OF
EQUAL VALUE.
(2) MAY ISSUE AN ORDER PROVIDING FOR ANY OF THE FOLLOWING:
(a) REQUIRING THE SUPPLIER TO COMPLY OR UNDERTAKE ANY NECESSARY
CORRECTIVE ACTION;
(b) ASSESSING UPON THE SUPPLIER FORFEITURES OF NOT MORE THAN ONE
THOUSAND DOLLARS FOR EACH DAY OF EACH VIOLATION. HOWEVER, IF THE
PREPONDERANCE OF THE EVIDENCE SHOWS THAT THE SUPPLIER HAS ENGAGED
OR IS ENGAGING IN A PATTERN OR PRACTICE OF COMMITTING ANY SUCH
VIOLATIONS, THE COURT MAY ASSESS UPON THE SUPPLIER FORFEITURES OF
NOT MORE THAN FIVE THOUSAND DOLLARS FOR EACH DAY OF EACH
VIOLATION. UPON COLLECTION, ONE-HALF OF ANY SUCH FORFEITURE
ASSESSED UNDER THIS DIVISION SHALL BE PAID TO THE TREASURER OF THE
COUNTY IN WHICH THE ACTION WAS BROUGHT AND ONE-HALF SHALL BE PAID
INTO THE STATE TREASURY TO THE CREDIT OF THE GENERAL REVENUE FUND.
(B) UPON A FINDING IN AN ACTION UNDER DIVISION
(A) OF THIS
SECTION THAT A SUPPLIER IS VIOLATING OR HAS VIOLATED SECTION 1345.18 OF
THE REVISED CODE, A SERVICE PROVIDER OR PROVIDERS OF
NATURAL GAS SERVICE OR PUBLIC TELECOMMUNICATIONS SERVICE FROM WHOM THE
AGGRIEVED CONSUMER WAS SWITCHED MAY
BRING AN ACTION SEEKING
THE RELIEF AUTHORIZED BY THIS DIVISION. UPON THE FILING OF SUCH
ACTION, THE COURT MAY ISSUE AN ORDER PROVIDING FOR EITHER OF THE
FOLLOWING:
(1) REQUIRING THE SUPPLIER TO COMPENSATE THE SERVICE PROVIDER OR
PROVIDERS FROM WHICH THE AGGRIEVED CONSUMER WAS SWITCHED IN THE AMOUNT OF ALL
CHARGES THE CONSUMER WOULD HAVE PAID
THAT PARTICULAR SERVICE PROVIDER FOR THE SAME OR COMPARABLE
SERVICE HAD THE VIOLATION OR FAILURE TO COMPLY NOT OCCURRED;
(2) REQUIRING THE SUPPLIER TO COMPENSATE THE SERVICE PROVIDER OR
PROVIDERS FROM WHICH THE AGGRIEVED CONSUMER WAS SWITCHED FOR ANY COSTS THAT
THE PARTICULAR SERVICE PROVIDER INCURS
AS A RESULT OF MAKING THE CONSUMER WHOLE AS PROVIDED IN DIVISION
(A)(1)(d) OF THIS SECTION OR OF EFFECTING THE
RESUMPTION OF THE CONSUMER'S SERVICE.
(C) NO ACTION MAY BE BROUGHT UNDER DIVISION (A) OF THIS
SECTION TO RECOVER FOR A
TRANSACTION MORE THAN TWO YEARS AFTER THE OCCURRENCE OF A
VIOLATION. NO ACTION MAY BE BROUGHT UNDER DIVISION (B) OF THIS
SECTION MORE THAN ONE YEAR AFTER THE DATE ON WHICH A RULING IN AN ACTION
BROUGHT UNDER DIVISION (A) OF THIS SECTION WAS RENDERED.
Sec. 1345.99. (A) Whoever violates section 1345.23 or 1345.24 of
the Revised Code
is guilty of a minor misdemeanor.
(B) Whoever violates division (D) of section 1345.76
of the Revised Code shall be fined not more than one thousand dollars.
(C) WHOEVER KNOWINGLY VIOLATES DIVISION (E) OF SECTION
1345.02 OR
KNOWINGLY VIOLATES SECTION 1345.18 of the Revised Code IS GUILTY OF A MISDEMEANOR OF THE
THIRD DEGREE FOR A
FIRST OFFENSE AND A MISDEMEANOR OF THE SECOND DEGREE FOR ANY SUBSEQUENT
OFFENSE.
Sec. 4905.72. (A) AS USED IN THIS SECTION:
(1) "NATURAL GAS SERVICE" MEANS THE SALE OF NATURAL GAS,
EXCLUSIVE OF ANY DISTRIBUTION OR ANCILLARY SERVICE.
(2) "PUBLIC TELECOMMUNICATIONS SERVICE"
MEANS THE
TRANSMISSION BY A TELEPHONE COMPANY, BY ELECTROMAGNETIC OR OTHER MEANS, OF
SIGNS, SIGNALS, WRITINGS, IMAGES,
SOUNDS, MESSAGES, OR DATA ORIGINATING IN THIS STATE REGARDLESS OF ACTUAL CALL
ROUTING, BUT DOES NOT INCLUDE
A SYSTEM, INCLUDING ITS CONSTRUCTION, MAINTENANCE, OR OPERATION,
FOR THE PROVISION OF TELECOMMUNICATIONS SERVICE, OR ANY PORTION OF
SUCH SERVICE, BY ANY ENTITY FOR THE SOLE AND EXCLUSIVE USE OF THAT
ENTITY, ITS PARENT, A SUBSIDIARY, OR AN AFFILIATED ENTITY, AND NOT
FOR RESALE, DIRECTLY OR INDIRECTLY; THE PROVISION OF TERMINAL
EQUIPMENT USED TO ORIGINATE TELECOMMUNICATIONS SERVICE; BROADCAST
TRANSMISSION BY RADIO, TELEVISION, OR SATELLITE BROADCAST STATIONS
REGULATED BY THE FEDERAL GOVERNMENT; OR CABLE TELEVISION SERVICE.
(B)(1) NO PUBLIC UTILITY SHALL REQUEST OR SUBMIT, OR CAUSE TO BE
REQUESTED OR SUBMITTED, A CHANGE IN THE PROVIDER OF NATURAL GAS
SERVICE OR PUBLIC TELECOMMUNICATIONS SERVICE TO A
CONSUMER IN THIS STATE, WITHOUT FIRST OBTAINING, OR
CAUSING TO BE OBTAINED, THE VERIFIED CONSENT OF THE CONSUMER IN
ACCORDANCE WITH RULES ADOPTED BY THE PUBLIC UTILITIES COMMISSION
PURSUANT TO DIVISION (D) OF THIS SECTION.
(2) NO PUBLIC UTILITY SHALL VIOLATE OR FAIL TO COMPLY WITH ANY
PROVISION OF A RULE ADOPTED BY THE COMMISSION PURSUANT TO DIVISION
(D)
OF THIS SECTION OR ANY PROVISION OF AN ORDER ISSUED BY THE COMMISSION
PURSUANT TO DIVISION (B) OR (C) OF SECTION 4905.73 OF THE
REVISED CODE.
(C)(1) DIVISION (B) OF THIS SECTION DOES NOT APPLY TO
THE
TRANSFER
OF A CUSTOMER'S NATURAL GAS SERVICE OR PUBLIC TELECOMMUNICATIONS SERVICE THAT
OCCURS SOLELY DUE TO THE OPERATION OF DEFAULT PROVISIONS IN THE SCHEDULE OF A
PUBLIC UTILITY FILED UNDER SECTION 4905.30 of the Revised Code.
(2) CONSISTENT WITH THE EXCLUSION, UNDER 47
C.F.R. 64.1100
(a)(3), OF COMMERCIAL MOBILE RADIO SERVICE PROVIDERS
FROM THE VERIFICATION REQUIREMENTS ADOPTED IN 47
C.F.R.
64.1100, 64.1150, 64.1160, 64.1170, 64.1180, AND 64.1190 BY THE FEDERAL
COMMUNICATIONS COMMISSION, DIVISION (B) OF THIS SECTION
DOES NOT APPLY TO A PROVIDER OF COMMERCIAL MOBILE RADIO
SERVICE INSOFAR AS SUCH PROVIDER IS ENGAGED IN THE PROVISION OF COMMERCIAL
MOBILE RADIO SERVICE. HOWEVER,
WHEN THAT EXCLUSION NO LONGER IS IN EFFECT, DIVISION (B)
OF THIS SECTION SHALL APPLY TO SUCH A PROVIDER, AND THE COMMISSION SHALL ADOPT
RULES APPLICABLE TO
SUCH A PROVIDER IN ACCORDANCE WITH DIVISION (D) OF THIS SECTION.
(D) THE COMMISSION SHALL ADOPT COMPETITIVELY NEUTRAL RULES
PRESCRIBING PROCEDURES NECESSARY FOR VERIFYING THE CONSENT OF A CONSUMER
FOR PURPOSES OF DIVISION (B)(1) OF THIS SECTION AND ANY
PROCEDURES NECESSARY FOR THE FILING OF A SECURITY UNDER DIVISION
(C)(5) OF SECTION 4905.73 OF THE REVISED CODE, AND
MAY ADOPT SUCH OTHER COMPETITIVELY NEUTRAL RULES AS THE COMMISSION
CONSIDERS NECESSARY TO CARRY OUT THIS SECTION AND SECTION 4905.73 OF THE
REVISED CODE. WITH RESPECT TO PUBLIC TELECOMMUNICATIONS
SERVICE ONLY, THE RULES PRESCRIBING PROCEDURES NECESSARY FOR VERIFYING
CONSUMER CONSENT SHALL BE CONSISTENT WITH THE RULES OF
THE FEDERAL COMMUNICATIONS COMMISSION IN 47 C.F.R.
64.1100 AND
64.1150.
Sec. 4905.73. (A) THE PUBLIC UTILITIES COMMISSION, UPON
COMPLAINT BY ANY PERSON OR COMPLAINT OR INITIATIVE OF THE COMMISSION, HAS
JURISDICTION UNDER SECTION 4905.26 OF THE REVISED CODE
REGARDING ANY VIOLATION OF DIVISION (B) OF SECTION 4905.72 OF THE
REVISED CODE BY A PUBLIC UTILITY.
(B) UPON COMPLAINT OR INITIATIVE UNDER DIVISION (A) OF
THIS
SECTION, IF THE COMMISSION FINDS, AFTER NOTICE AND HEARING PURSUANT TO
SECTION 4905.26 OF THE REVISED CODE, THAT A PUBLIC UTILITY
HAS VIOLATED SECTION 4905.72 OF THE REVISED
CODE,
THE COMMISSION, BY ORDER, SHALL DO ALL OF THE FOLLOWING:
(1) RESCIND THE AGGRIEVED CONSUMER'S CHANGE IN
SERVICE PROVIDER;
(2) REQUIRE THE PUBLIC UTILITY TO ABSOLVE THE
AGGRIEVED CONSUMER OF ANY LIABILITY FOR ANY CHARGES ASSESSED THE
CONSUMER, OR REFUND TO THE AGGRIEVED CONSUMER ANY CHARGES
COLLECTED FROM THE CONSUMER, BY THE PUBLIC UTILITY DURING THE THIRTY-DAY
PERIOD
AFTER THE VIOLATION OR FAILURE TO COMPLY OCCURRED OR, WHERE APPROPRIATE,
DURING SUCH OTHER PERIOD AFTER THAT OCCURRENCE AS
DETERMINED REASONABLE BY THE COMMISSION;
(3) REQUIRE THE PUBLIC UTILITY TO REFUND OR PAY TO
THE AGGRIEVED CONSUMER ANY FEES PAID OR COSTS INCURRED BY THE
CONSUMER RESULTING FROM THE CHANGE OF THE CONSUMER'S
SERVICE PROVIDER OR PROVIDERS, OR FROM THE RESUMPTION OF THE
CONSUMER'S SERVICE WITH THE SERVICE PROVIDER OR PROVIDERS FROM
WHICH THE CONSUMER WAS SWITCHED;
(4) REQUIRE THE
PUBLIC UTILITY
TO MAKE THE CONSUMER WHOLE REGARDING ANY BONUSES OR
BENEFITS, SUCH AS AIRLINE MILEAGE OR PRODUCT DISCOUNTS, TO WHICH
THE CONSUMER IS ENTITLED, BY RESTORING BONUSES OR BENEFITS THE
CONSUMER LOST AS A RESULT OF THE VIOLATION OR FAILURE TO COMPLY
AND PROVIDING BONUSES OR BENEFITS THE CONSUMER WOULD HAVE EARNED
IF NOT FOR THE VIOLATION OR FAILURE TO COMPLY, OR BY PROVIDING SOMETHING OF
EQUAL VALUE.
(C) IN ADDITION TO THE
REMEDIES UNDER DIVISION (B) OF
THIS SECTION, IF THE COMMISSION FINDS, AFTER NOTICE AND HEARING
PURSUANT TO SECTION 4905.26 OF THE
REVISED CODE, THAT A
PUBLIC UTILITY
HAS VIOLATED
SECTION 4905.72 OF THE
REVISED
CODE,
THE
COMMISSION, BY ORDER, MAY IMPOSE ANY OF THE FOLLOWING REMEDIES
OR FORFEITURES:
(1) REQUIRE THE PUBLIC UTILITY TO COMPLY OR
UNDERTAKE ANY NECESSARY CORRECTIVE ACTION;
(2) REQUIRE THE PUBLIC UTILITY
TO COMPENSATE THE SERVICE PROVIDER OR PROVIDERS FROM
WHICH THE AGGRIEVED CONSUMER WAS SWITCHED IN THE AMOUNT OF ALL
CHARGES THE CONSUMER WOULD HAVE PAID THAT PARTICULAR SERVICE
PROVIDER FOR THE SAME OR COMPARABLE SERVICE HAD THE VIOLATION OR
FAILURE TO COMPLY NOT OCCURRED;
(3) REQUIRE THE PUBLIC UTILITY
TO COMPENSATE THE SERVICE PROVIDER OR PROVIDERS FROM
WHICH THE AGGRIEVED CONSUMER WAS SWITCHED FOR ANY COSTS THAT THE
PARTICULAR SERVICE PROVIDER INCURS AS A RESULT OF MAKING THE
CONSUMER WHOLE AS PROVIDED IN DIVISION
(B)(4) OF THIS SECTION OR OF
EFFECTING THE RESUMPTION OF THE CONSUMER'S SERVICE;
(4) ASSESS UPON THE PUBLIC UTILITY FORFEITURES OF NOT MORE THAN
ONE THOUSAND DOLLARS FOR EACH DAY OF EACH VIOLATION OR FAILURE
TO COMPLY. HOWEVER, IF THE COMMISSION FINDS THAT THE PUBLIC UTILITY HAS
ENGAGED OR IS ENGAGING IN A PATTERN OR PRACTICE OF COMMITTING
ANY SUCH VIOLATIONS OR FAILURES TO COMPLY, THE COMMISSION MAY
ASSESS UPON THE PUBLIC UTILITY FORFEITURES OF NOT MORE THAN FIVE
THOUSAND DOLLARS FOR EACH DAY OF EACH VIOLATION OR FAILURE. ANY
FORFEITURE COLLECTED PURSUANT TO THIS DIVISION SHALL BE
DEPOSITED INTO THE STATE TREASURY TO THE CREDIT OF THE GENERAL
REVENUE FUND.
(5) REQUIRE THE PUBLIC UTILITY TO FILE WITH THE
COMMISSION A SECURITY PAYABLE TO THE STATE IN SUCH AMOUNT AND
UPON SUCH TERMS AS THE COMMISSION DETERMINES NECESSARY TO ENSURE
COMPLIANCE AND PAYMENT OF ANY FORFEITURES ASSESSED PURSUANT TO
DIVISION (C)(4) OF THIS
SECTION;
(6) RESCIND THE PUBLIC UTILITY'S AUTHORITY TO
PROVIDE NATURAL GAS SERVICE OR PUBLIC TELECOMMUNICATIONS SERVICE
WITHIN THIS STATE.
(D) PROCEEDINGS OF THE
COMMISSION PURSUANT TO DIVISION
(B) OR
(C) OF THIS SECTION ARE
GOVERNED BY CHAPTER 4903. OF
THE REVISED
CODE.
(E) THE COMMISSION MAY
DIRECT THE ATTORNEY GENERAL TO COMMENCE AN ACTION UNDER SECTION
4905.57 OR 4905.60 OF THE
REVISED CODE TO ENFORCE AN ORDER OF THE
COMMISSION ISSUED UNDER DIVISION
(B) OR
(C) OF THIS SECTION, INCLUDING
ORDERS ASSESSING FORFEITURES. NOTWITHSTANDING SECTION 4905.57
OF THE REVISED CODE, AN ACTION AUTHORIZED
UNDER THIS DIVISION MAY BE BROUGHT IN THE COURT OF COMMON PLEAS
OF FRANKLIN COUNTY OR THE COURT
OF COMMON PLEAS OF ANY COUNTY IN WHICH VENUE IS PROPER UNDER THE
RULES OF CIVIL PROCEDURE.
(F) THE REMEDY AVAILABLE
UNDER SECTION 4905.61 OF THE
REVISED CODE MAY BE APPLIED TO ANY
VIOLATION OF
SECTION 4905.72 OF THE
REVISED CODE.
(G) THE POWERS, REMEDIES,
FORFEITURES, AND PENALTIES PROVIDED BY THIS SECTION AND SECTION 4905.72
AND DIVISION (D) OF
SECTION 4905.99 OF THE REVISED
CODE ARE IN ADDITION TO ANY
OTHER POWER, REMEDY, FORFEITURE, OR PENALTY PROVIDED BY
LAW.
Sec. 4905.74. NO PUBLIC UTILITY SHALL KNOWINGLY ENGAGE IN A PERSISTENT
PRACTICE OR PATTERN OF CONDUCT OF VIOLATING DIVISION (B) OF SECTION
4905.72 of the Revised Code.
Sec. 4905.99. (A) Whoever violates section 4905.52 of the Revised Code
shall be fined not less than fifty nor more than five hundred dollars.
(B) Whoever violates section 4905.56 of the
Revised Code is guilty of
a
felony of the fifth degree.
(C) Coincident with the operation of section
4905.78 of the Revised
Code,
whoever violates that section is guilty of a misdemeanor of the
fourth degree.
(D) WHOEVER VIOLATES SECTION
4905.74 of the Revised Code IS GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE.
Section 2. That existing sections 1345.01, 1345.02, 1345.99, and 4905.99
of the Revised Code are hereby repealed.
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