Marketing Research Services, Inc. v. Public Utilities Commission

This case presents two distinct issues for our review and determination. The first is whether the Supremacy Clause of the United States Constitution (Clause 2, Article VI) and the Federal Communications Act of 1934 (“the 1934 Act”) preclude the PUCO from exercising jurisdiction over a complaint concerning the rendition of interstate communications service provided under interstate tariffs. We hold that the 1934 Act and the Supremacy Clause do preclude PUCO jurisdiction in the case sub judice. The second issue is whether the PUCO may properly exercise jurisdiction over a complaint where the.…