4901:1-7-23 Rights-of-way, poles, ducts, and conduit.

(A) Authorization

(1) Local exchange carriers (LECs) are subject to all constitutional, statutory, and administrative rights and responsibilities placed upon public utilities for use of public rights-of-way.

(2) Private rights-of-way for all telephone companies are subject to negotiated agreements with the private property owner, exclusive of eminent domain considerations.

(3) Telephone companies are prohibited from entering into exclusive use agreements of private building riser space, conduit, and/or closet space.

(4) The commission reserves the right to require any or all such arrangements between public utilities and private landowners to be submitted to the commission for its review and approval, under section 4905.31 of the Revised Code.

(B) Rates, terms, and conditions

Rates, terms, and conditions for nondiscriminatory access to public utility poles, ducts, conduits, and right-of-way shall be established through negotiated arrangements or tariffs. Such access shall be established pursuant to 47 U.S.C. 224 ; 47 C.F.R 1.1401 to 47 C.F.R 1.1403 ; 47 C.F.R 1.1416 to 47 C.F.R 1.1418 ; and the formulas in 47 C.F.R 1.1409(e) , as effective in paragraph (A) of rule 4901:1-7-02 of the Administrative Code. The commission will address, on a case-by-case basis, any fact-specific issues related to access to poles, ducts, conduits, and right-of-way. Any change in the public utility's tariffed rates, terms, and conditions for access to poles, ducts, conduits, or right-of-way shall be filed in a UNC proceeding.

(C) Coordination

LECs shall coordinate their right-of-way construction activity with the affected municipalities and landowners. Nothing in this section is intended to abridge the legal rights and obligations of municipalities and landowners.

Effective: 11/30/2007
R.C. 119.032 review dates: 11/30/2012
Promulgated Under: 111.15
Statutory Authority: 4901.13
Rule Amplifies: 4901.13