Section 4926.45 | Evidentiary requirements for complaint.
Before a court of common pleas may order any remedy under section 4926.57 of the Revised Code regarding a pole attachment complaint filed with respect to sections 4926.01 to 4926.60 of the Revised Code, the court shall determine, and a complainant shall establish, by a preponderance of the evidence, each of the following:
(A) That any rate, term, or condition complained of is not just and reasonable or a denial of access was unlawful.
(B) If the complaint concerns any rate, term, or condition, that such rate, term, or condition is contained in, or demanded by either party as a condition to entering into, either:
(1) A new pole attachment agreement; or
(2) An amendment, renewal, or replacement of an existing agreement that may be terminated, amended, renewed, or replaced on or after the effective date of this section ;
(C) If the complaint concerns any rate, term, or condition, that the provider and the electric cooperative first attempted to negotiate regarding the terms of a new, amended, renewed, or replaced agreement for a period of at least forty-five days prior to filing the complaint.
Last updated June 10, 2021 at 8:45 AM
Available Versions of this Section
- May 17, 2021 – Enacted by House Bill 2 - 134th General Assembly [ View May 17, 2021 Version ]