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CITY OF CLEVELAND v. PUB. UTIL. COMM.

No. 83-699.

10 Ohio St. 3d 18 (1984)

CITY OF CLEVELAND, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided March 15, 1984.

Attorney(s) appearing for the Case

Mr. John D. Maddox, director of law, Ms. June W. Wiener and Mr. Craig A. Glazer, for appellant.

Mr. Anthony J. Celebrezze, Jr., attorney general, Mr. Robert S. Tongren and Mr. Donn D. Rosenblum, for appellee.

Messrs. Squire, Sanders & Dempsey, Mr. Richard W. McLaren, Jr., and Mr. Alan P. Buchmann, for intervening-appellee.

Messrs. Vorys, Sater, Seymour & Pease and Mr. William S. Newcomb, Jr., for amicus curiae, Ohio Cable Television Assn.

Per Curiam.

R.C. 4905.02 provides:

"As used in Chapter 4905. of the Revised Code, `public utility' includes every * * * company, * * * defined in Section 4905.03 of the Revised Code, including all telephone companies, but excepting * * *, such * * * public utilities as are owned or operated by any municipal corporation * * *." (Emphasis added.)

According to this definition, a municipally owned utility is not a public utility for purposes...

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