City of Cleveland v. Public Utilities Commission

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 of R.C. Chapter 4905.

R.C. 4905.71 reads in pertinent part as follows:

“(A) Every telephone, telegraph, or electric light company, which is a public utility as defined by…