Rule 4901:1-3-06 | Mediation and arbitration of agreements.
(A) All public utilities have the duty to provide nondiscriminatory access to poles, ducts, conduits, and rights-of-way consistent with paragraph (A)(1) of rule 4901:1-3-03 of the Administrative Code. At any time, if parties are unable to reach an agreement on rates, terms, or conditions regarding access to poles, ducts, conduits, and rights-of-way, including situations that result in delays in approving and completing attachments or otherwise providing access, either party may petition the commission to mediate or arbitrate such agreement according to procedures established in rules 4901:1-7-08 to 4901:1-7-10 of the Administrative Code.
(B) Petitions for mediation to resolve pole attachment disputes that impede or delay the deployment of broadband facilities shall be scheduled for a settlement conference no later than thirty calendar days following the date of the petition. A mediation petition which alleges an impediment or delay to an active broadband facilities deployment or project must provide proof of such active deployment or project in addition to the requirements established in paragraph (B)(2) of rule 4901:1-7-08 of the Administrative Code. Disputes deemed not to impede or delay an active broadband facilities deployment or project will be subject to the timeframe set forth in paragraph (B)(3) of rule 4901:1-7-08 of the Administrative Code.
Last updated December 4, 2025 at 2:10 PM
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