Vernon v. Warner Amex Cable Communications, Inc.

Appellants contend that a legislative body cannot declare *119something to be a “public utility” which clearly is not. In support of this position, appellants rely on Greater Fremont, Inc. v. Fremont (N.D. Ohio 1968), 302 F. Supp. 652, 665, where it was stated in dictum that a CATV was not a public utility. Appellants essentially argue that R.C. 5727.01, 4905.02 and 4905.03 provide statutory definitions of what is a public utility, and that a CATV is not included in any of these definitions. Appellants further submit that Sections 3 and 7, Article XVIII of the Ohio Constitution, more popularly…