Ohio § 1345.18

§ 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.