Ala. Code
Code of Alabama

Ala. Code § 37-4-1 (2026)

Definitions.

✓ official Alabama Legislature (ALISON) text, current July 2026
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Unless otherwise specified, when used in this article, these terms shall have the following meanings:

(1) COMMISSION. The Alabama Public Service Commission.

(2) COMMISSIONER. A member of the commission.

(3) MUNICIPALITY. Any municipal corporation organized under the laws of this state.

(4) PERSON. Such term shall mean and include individuals, associations of individuals, firms, partnerships, companies, corporations, municipalities, governmental agencies, their lessees, trustees, or receivers appointed by any court whatsoever, in the singular number as well as in the plural.

(5) NONUTILITY. Any federal agency, instrumentality, or corporation, owned by the United States, and any corporation or joint stock company in which the United States or any of its departments, establishments, or agencies, owns more than 50 percent of the voting shares of stock of such corporation or joint stock company.

(6) SECURITIES. Such term shall mean and include stock, stock certificates, bonds, notes, debentures, or other evidences of indebtedness, authorized, issued, or executed by any utility.

(7) UTILITY. Such term shall mean and include every person, not engaged solely in interstate business, that now or may hereafter own, operate, lease, or control:

a. Any plant, property, or facility for the generation, transmission or distribution, sale or furnishing to or for the public of electricity for light, heat, or power, or other uses, including any conduits, ducts, or other devices, materials, apparatus, or property for containing, holding, or carrying conductors used or to be used for the transmission of electricity for light, heat, or power, or other uses.

b. Any plant, property, or facility for the manufacture, storage, distribution, sale, or furnishing to or for the public of natural or manufactured gas for light, heat, or power, or other uses.

c. Any plant, property, or facility for the supply, storage, distribution, or furnishing to or for the public of water for manufacturing, municipal, domestic, or other uses.

d. Any plant, property, or facility for the production, transmission, conveyance, delivery, or furnishing to or for the public of steam for heat or power, or other uses.

e. Any public wharf, dock, or terminal.

f. Any boat line propelled by any power and not regulated by the laws of this state heretofore or hereafter enacted as a steamboat or steam packet line.

The term “utility” shall also mean and include two or more utilities rendering joint service.

(8) RATE. Such term shall mean and include, in the plural number as well as in the singular, every individual or joint rate, classification, fare, toll, charge, or other compensation for service rendered, or to be rendered, by any utility, and every rule, regulation, practice, act, requirement, or privilege in any way relating to such rate, fare, toll, charge, or other compensation, and any schedule or tariff, or part of a schedule or tariff thereof.

(9) SERVICE REGULATION. Such term shall mean and include every rule, regulation, practice, act, or requirement in any way relating to the service or facilities of a utility, including the voltage of electricity, the heat units, pressure and candlepower of gas, the supply, rates, and pressure of water, and in general the quality of any commodity, service, or product supplied.

(10) HOLDING COMPANY. Such term shall mean and include firms, partnerships, companies, corporations, individuals, and associations made up in whole or in part of individuals, firms, partners, companies, trusts at common law, corporations, or any other legal entities, their lessees, trustees, or receivers appointed by any court whatsoever, in the singular number as well as in the plural, who own or control as much as 10 percent in number or amount of the outstanding shares of common stock of any utility engaged in any intrastate business in this state.

(11) COMMON STOCK. Such term shall mean and include any and all stock, shares, or interest in any such utility of such nature that the ownership or control of a majority of the stock, shares, or interest, in number and amount, or in number or amount thereof, vests the control and management of such utility in the holders or owners thereof.

(12) AFFILIATED INTERESTS. Such term shall mean and include the following:

a. Every corporation and person owning or holding directly or indirectly five percent or more of the voting securities of any utility engaged in any intrastate business in this state.

b. Every corporation and person, other than those specified in paragraph a. hereof, in any chain of successive ownership of five percent or more of voting securities, the chain beginning with the holder or holders of the voting securities of such utility.

c. Every corporation or person with which the utility has a management or service contract.

(Acts 1920, No. 37, p. 38; Code 1923, §9742; Acts 1932, Ex. Sess., No. 232, p. 233; Code 1940, T. 48, §302; Acts 1951, No. 963, p. 1637; Acts 1996, 1st Ex. Sess., No. 96-30, p. 40, §1.)

Notes of Decisions
Cited in 6 cases, 1985–2011 · leading case: City of Selma v. Dallas Cnty., 964 So. 2d 12 (Ala. 2007).
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City of Selma v. Dallas Cnty., 964 So. 2d 12 (Ala. 2007). · cites it 2× “” Ala.Code 1975, § 37-4-1(7). The City does not cite a case from this, or any other, jurisdiction holding that the operation of a tower to provide “interoperable communications” among emergency responders is a public utility.”
Mobile Cnty. v. City of Saraland, 501 So. 2d 438 (Ala. 1986). “Similarly, Code 1975, § 37-4-1, defines “utility” for the Code chapter on “Public Utilities Other Than Transportation Companies or Motor Vehicle Carriers,” including as the only arguably pertinent provision: “Any plant, property or facility for the supply, storage, distribution,…”
Capitol Container, Inc. v. Alabama Power Co., 79 So. 3d 575 (Ala. 2011). · cites it 5× “Code 1975, and] that the APSC regulates Alabama Power pursuant to § 37-1-30 and § 37-4-1(7), Ala.Code 1975. Garner explained that, pursuant to assorted statutes and to rules established by the APSC, utilities must file their rates and service regulations with the APSC and must…”
State v. Colonial Pipeline Co., 471 So. 2d 413 (Ala. 1985). “or § 37-4-1 et seq. of the Code of Alabama 1975, or any other provision of the statutes of the State of Alabama.”
Alabama Pub. Serv. Comm'n v. Gas Utils. of Alabama, Inc., 678 So. 2d 747 (Ala. 1996). · cites it 4× “In a case that was very similar factually, this Court held that a pipeline company was not a “public utility,” as that term is defined in § 37-4-1, because it did not hold itself out as furnishing gas “to or for the public,” as required by § 37-4-1(7).”
In re Long Distance Tel. Litig., 783 So. 2d 800 (Ala. 2000). · cites it 3× “Code 1975, provides that the term “utility” or “utilities” includes all utilities defined under § 37-2-1 and § 37-4-1. Section 37-2-1 defines a “transportation company” as “every person not engaged solely in interstate commerce or business that now or may hereafter own, operate,…”
— Ala. Code § 37-4-1(7) — 4 cases
City of Selma v. Dallas Cnty., 964 So. 2d 12 (Ala. 2007). “” Ala.Code 1975, § 37-4-1(7). The City does not cite a case from this, or any other, jurisdiction holding that the operation of a tower to provide “interoperable communications” among emergency responders is a public utility.”
Alabama Pub. Serv. Comm'n v. Gas Utils. of Alabama, Inc., 678 So. 2d 747 (Ala. 1996). “In a case that was very similar factually, this Court held that a pipeline company was not a “public utility,” as that term is defined in § 37-4-1, because it did not hold itself out as furnishing gas “to or for the public,” as required by § 37-4-1(7).”
Capitol Container, Inc. v. Alabama Power Co., 79 So. 3d 575 (Ala. 2011). “Code 1975, and] that the APSC regulates Alabama Power pursuant to § 37-1-30 and § 37-4-1(7), Ala.Code 1975. Garner explained that, pursuant to assorted statutes and to rules established by the APSC, utilities must file their rates and service regulations with the APSC and must…”
In re Long Distance Tel. Litig., 783 So. 2d 800 (Ala. 2000). “Code 1975, provides that the term “utility” or “utilities” includes all utilities defined under § 37-2-1 and § 37-4-1. Section 37-2-1 defines a “transportation company” as “every person not engaged solely in interstate commerce or business that now or may hereafter own, operate,…”
— Ala. Code § 37-4-1(9) — 2 cases
Capitol Container, Inc. v. Alabama Power Co., 79 So. 3d 575 (Ala. 2011). “Code 1975, and] that the APSC regulates Alabama Power pursuant to § 37-1-30 and § 37-4-1(7), Ala.Code 1975. Garner explained that, pursuant to assorted statutes and to rules established by the APSC, utilities must file their rates and service regulations with the APSC and must…”
In re Long Distance Tel. Litig., 783 So. 2d 800 (Ala. 2000). “Code 1975, provides that the term “utility” or “utilities” includes all utilities defined under § 37-2-1 and § 37-4-1. Section 37-2-1 defines a “transportation company” as “every person not engaged solely in interstate commerce or business that now or may hereafter own, operate,…”
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