Ohio § 4905.402
Full text of Ohio Ohio Revised Code § 4905.402, with citation guidance and answers to common questions.
§ 4905.402.
(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 .
Frequently Asked Questions About Ohio § 4905.402
What does Ohio Revised Code § 4905.402 cover?
Section 4905.402 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 4905.402?
A common citation format is "Ohio Revised Code § 4905.402" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 4905.402 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.