Time Warner AxS v. Public Utilities Commission

Appellants propound a total of six propositions of law arguing that the commission abused its discretion when it adopted the partial stipulation and proposed alternative regulation plan. Each party also briefed the issue that we raised sua sponte: whether the commission exceeded its statutory authority particularly when it used non-traditional rate-setting methods under R.C. 4927.04(A) to set Ameritech’s rates. The commission contends that appellants waived this issue by not raising it below. We disagree. Subject matter jurisdiction cannot be waived. See, e.g., Gates Mills Invest. Co. v.…