4901:1-3-02 Purpose and scope.

(A) Each citation contained within this chapter that is made to either a section of the United States code or a regulation in the code of federal regulations is intended, and shall serve, to incorporate by reference the particular version of the cited matter as effective on July 1, 2014.

(B) This chapter establishes rules for the provision of attachments to a pole, duct, conduit, or right-of-way owned or controlled by a utility under rates, terms, and conditions that are just and reasonable. Ohio has elected to regulate this area pursuant to 47 U.S.C. 224 (c)(2).

(C) The obligations found in this chapter, shall apply to:

(1) All public utilities pursuant to 47 U.S.C. 224 (c) through (i), 47 U.S.C. 253 (c), as effective in paragraph (A) of this rule, and section 4905.51 of the Revised Code; and

(2) A telephone company and electric light company that is a public utility pursuant to section 4905.71 of the Revised Code.

(D) The commission may, upon an application or motion filed by a party, waive any requirement of this chapter, other than a requirement mandated by statute, for good cause shown.

(E) Any party seeking a waiver(s) of rules contained in this chapter shall specify the period of time for which it seeks such a waiver(s), and a detailed justification in the form of a motion filed in accordance with rule 4901-1-12 of the Administrative Code.

(F) All of the automatic time frames set forth in this chapter may be suspended pursuant to directives of the commission or an attorney examiner.

Effective: 1/8/2015
Five Year Review (FYR) Dates: 01/08/2020
Promulgated Under: 111.15
Statutory Authority: 4901.13
Rule Amplifies: 4905.04, 4905.05, 4905.06, 4905.51, 4905.71