Effective: March 20, 2019
Latest Legislation: House Bill 402 - 132nd General Assembly
(A) As used in this section:
(1) "Control" means the possession of the power to direct the management and policies of a domestic telephone company or a holding company of a domestic telephone company, or the management and policies of a domestic electric utility or a holding company of a domestic electric utility through the ownership of voting securities, by contract, or otherwise, but does not include the power that results from holding an official position or the possession of corporate office with the domestic company or utility or the holding company. Control is presumed to exist if any person, directly or indirectly, owns, controls, holds the power to vote, or holds with the power to vote proxies that constitute, twenty per cent or more of the total voting power of the domestic company or utility or the holding company.
(2) "Electric utility" has the same meaning as in section 4928.07 of the Revised Code.
(3) "Holding company" excludes any securities broker performing the usual and customary broker's function.
(4) "Telephone company" means any company described in division (A) of section 4905.03 of the Revised Code that is a public utility under section 4905.02 of the Revised Code and provides basic local exchange service, as defined in section 4927.01 of the Revised Code.
(B) Except as provided in division (H)(1) of this section:
(1) No person shall acquire control, directly or indirectly, of a domestic telephone company or a holding company controlling a domestic telephone company or of a domestic electric utility or a holding company controlling a domestic electric utility unless that person obtains the prior approval of the public utilities commission under this section.
(2) To obtain approval required under division (B)(1) of this section, the person seeking the approval shall file an application with the public utilities commission demonstrating that the acquisition will promote public convenience and result in the provision of adequate service for a reasonable rate, rental, toll, or charge. The application shall contain such information as the public utilities commission may require. If the public utilities commission considers a hearing necessary, it may fix a time and place for hearing. If, after review of the application and after any necessary hearing, the public utilities commission is satisfied that approval of the application will promote public convenience and result in the provision of adequate service for a reasonable rate, rental, toll, or charge, the public utilities commission shall approve the application and make such order as it considers proper. If the public utilities commission fails to issue an order within thirty days of the filing of the application under this division, or within twenty days of the conclusion of a hearing, if one is held, the application shall be deemed approved by operation of law.
(C) Except as provided in division (H)(2) of this section:
(1) No domestic telephone company shall merge with another domestic telephone company unless the merging companies obtain the prior approval of the public utilities commission.
(2) An application seeking approval required under division (C)(1) of this section shall be filed, processed, and decided in the manner provided for an application under division (B)(2) of this section.
(D) The public utilities commission shall adopt such rules as it finds necessary to carry out the provisions of this section. The rules shall specify the time and manner in which a company must file the notice required under division (G) of this section.
(E) If it appears to the public utilities commission or to any person that may be adversely affected that any person is engaged in or about to engage in any acts or practices that would violate division (B) or (C) of this section or any provision of a rule adopted under this section, the attorney general, when directed to do so by the public utilities commission, or the person claiming to be adversely affected may bring an action in any court of common pleas that has jurisdiction and venue to enjoin such acts or practices and enforce compliance. Upon a proper showing, the court shall grant, without bond, a restraining order or temporary or permanent injunction.
(F) The courts of this state have jurisdiction over every person not a resident of or domiciled or authorized to do business in this state that files, or is prohibited from acting without first filing, an application under division (B) or (C) of this section, and over all actions involving such person arising out of violations of any provision of this section or of a rule adopted under this section. The secretary of state shall be the agent for service of process for any such person in any action, suit, or proceeding arising out of such violations. Copies of all such lawful process shall be served upon the secretary of state and transmitted by certified mail, with return receipt requested, by the secretary of state to such person at the person's last known address.
(G) A domestic telephone company or a holding company controlling a domestic telephone company that files an application with the federal communications commission seeking authority for a merger or transfer of control shall file notice of the application with the public utilities commission. The notice shall include an internet link to the application.
(H)(1) Divisions (B)(1) and (2) of this section do not apply to the acquisition of control of a domestic telephone company or a holding company controlling a domestic telephone company if there is a pending application with the federal communications commission regarding the acquisition. If the federal communications commission waives the exercise of its authority regarding the acquisition or otherwise chooses not to exercise its authority regarding the acquisition, then divisions (B)(1) and (2) of this section apply.
(2) Divisions (C)(1) and (2) of this section do not apply if there is a pending application with the federal communications commission regarding a merger of domestic telephone companies. If the federal communications commission waives the exercise of its authority regarding the merger or otherwise chooses not to exercise its authority regarding the merger, then divisions (C)(1) and (2) of this section apply.
(I) Nothing in division (G) or (H) of this section shall affect the obligations and rights described in division (A) of section 4927.101 of the Revised Code.
Structure Ohio Revised Code
Chapter 4905 | Public Utilities Commission - General Powers
Section 4905.01 | Definitions.
Section 4905.02 | Public Utility Defined.
Section 4905.03 | Public Utility Company Definitions.
Section 4905.04 | Power to Regulate Public Utilities and Railroads.
Section 4905.041 | Exclusive Jurisdiction of Commission.
Section 4905.042 | Commission Jurisdiction Over Advanced or Internet Protocol-Enabled Services.
Section 4905.05 | Scope of Jurisdiction.
Section 4905.06 | General Supervision.
Section 4905.07 | Information and Records to Be Public.
Section 4905.09 | Substantial Compliance.
Section 4905.10 | Assessment for Expenses.
Section 4905.13 | System of Accounts for Public Utilities.
Section 4905.14 | Annual Report.
Section 4905.15 | Reports and Accounts.
Section 4905.16 | Copy of Contract May Be Required by Commission.
Section 4905.17 | Construction Accounts.
Section 4905.18 | Depreciation Account.
Section 4905.19 | Depreciation Fund.
Section 4905.20 | Abandonment of Facilities.
Section 4905.21 | Application to Commission to Abandon, Withdraw or Close.
Section 4905.22 | Service and Facilities Required - Unreasonable Charge Prohibited.
Section 4905.26 | Complaints as to Service.
Section 4905.261 | Telephone Call Center for Consumer Complaints.
Section 4905.27 | Standard Units.
Section 4905.28 | Standards of Measurement.
Section 4905.29 | Examinations and Tests.
Section 4905.30 | Printed Schedules of Rates Must Be Filed.
Section 4905.302 | Purchased Gas Adjustment Clause.
Section 4905.303 | Approving Purchases of Synthetic Natural Gas.
Section 4905.31 | Reasonable Arrangements Allowed - Variable Rate.
Section 4905.32 | Schedule Rate Collected.
Section 4905.33 | Rebates, Special Rates, and Free Service Prohibited.
Section 4905.34 | Free Service or Reduced Rates.
Section 4905.35 | Prohibiting Discrimination.
Section 4905.36 | Separate Hearings.
Section 4905.37 | Commission May Change Rules and Regulations of Public Utilities.
Section 4905.38 | Repairs and Improvements May Be Ordered by Commission.
Section 4905.39 | Power to Require Additions and Extensions.
Section 4905.40 | Issuance of Stocks, Bonds, and Notes.
Section 4905.401 | Issuing Notes or Other Evidences of Indebtedness.
Section 4905.403 | Filing Control Bid for a Natural Gas Company.
Section 4905.41 | Proceedings to Obtain Authority.
Section 4905.42 | Hearings on Issuance of Stocks, Bonds, and Notes.
Section 4905.43 | Public Utility in Possession of Receiver Exempted.
Section 4905.45 | Indorsement of Public Utility or Railroad Securities.
Section 4905.46 | Restrictions on Dividend or Distribution.
Section 4905.47 | Capitalization.
Section 4905.48 | Transactions Between Public Utilities.
Section 4905.481 | Purchase of Municipal Water-Works or Sewage Disposal System Company.
Section 4905.49 | Acquisition of Water-Works or Sewage Disposal System; Rate Division.
Section 4905.491 | Contents of Order of Approval.
Section 4905.51 | Use of Equipment Over Street by Other Public Utility.
Section 4905.52 | Refusal to Answer Questions in Examination.
Section 4905.54 | Compliance With Orders.
Section 4905.55 | Liability for Act of Agent.
Section 4905.57 | Actions to Recover Forfeitures.
Section 4905.59 | Action for Forfeiture by Prosecuting Attorney.
Section 4905.60 | Writ of Mandamus - Injunction.
Section 4905.61 | Treble Damages.
Section 4905.63 | Company Formed to Acquire Property or Transact Business Subject to Certain Laws.
Section 4905.64 | Forfeiture Shall Be Cumulative.
Section 4905.70 | Energy Conservation Programs.
Section 4905.71 | Filing Tariffs for Charges for Attachment to Pole or Conduit Use of Equipment.
Section 4905.73 | Jurisdiction.
Section 4905.74 | Persistent Practice or Pattern of Violative Conduct.
Section 4905.75 | Payments to Agent Not Considered Past Due.
Section 4905.79 | Tax Credits for Costs of Service to Aid Communicatively Impaired.
Section 4905.80 | State Policy Regarding Motor Carriers.
Section 4905.81 | Duties of Public Utilities Commission.
Section 4905.84 | Annual Assessment to Pay for Trs Service.
Section 4905.86 | Sulfur Dioxide Emission Allowances.
Section 4905.87 | Biomass Energy Program Fund.
Section 4905.90 | Natural Gas Pipeline Safety Standards Definitions.
Section 4905.91 | Intrastate Gas Pipe-Lines.
Section 4905.911 | Compliance With Federal Design Requirements.
Section 4905.92 | Assessments Against Operators - Pipe-Line Safety Fund.
Section 4905.93 | Duties of Operator.
Section 4905.94 | Operator of Master-Meter System.
Section 4905.95 | Notices, Hearings and Orders of Commission.