The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation.
Updates may be slower during some times of the year, depending on the volume of enacted legislation.
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Section 4926.01 | Definitions.
Latest Legislation:
House Bill 2 - 134th General Assembly
As used in sections 4926.01 to 4926.60 of the Revised Code: "Attachment" means any wire, wireless facility, cable, antennae facility, or apparatus for the transmission of text, signs, signals, pictures, sounds, or other forms of information installed by or on behalf of a provider upon any pole owned or controlled, in whole or in part, by one or more electric cooperatives. "Broadband provider" has the same meaning as in section 122.40 of the Revised Code. "Electric cooperative" has the same meaning as in section 4928.01 of the Revised Code. "Incremental cost" means pole attachment costs incurred by an electric cooperative for providing long-run service. "Make-ready work" means, as determined by the nature of the work required, "make-ready," "complex make-ready," or "simple make-ready" as those terms are defined in 47 C.F.R. 1.1402. "Provider" means a broadband provider, telecommunications service provider, video service provider, or wireless service provider. "Telecommunications service provider" means a provider of "telecommunications service" as defined in section 4927.01 of the Revised Code. "Video service provider" has the same meaning as in section 1332.21 of the Revised Code. "Wireless service provider" has the same meaning as in section 4927.01 of the Revised Code.
Last updated June 9, 2021 at 2:05 PM
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Section 4926.03 | Electric cooperative permit pole attachment.
Latest Legislation:
House Bill 2 - 134th General Assembly
On the request of a provider, an electric cooperative shall grant the provider nondiscriminatory access to the cooperative's poles under just and reasonable rates, terms, and conditions for their attachments in accordance with sections 4926.06 to 4926.36 of the Revised Code.
Last updated June 9, 2021 at 2:05 PM
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Section 4926.06 | Submission and review of pole attachment request.
Latest Legislation:
House Bill 2 - 134th General Assembly
A provider requesting access to an electric cooperative's poles shall submit the request in writing, and the cooperative shall review the request under a uniformly applied, efficient, and transparent process.
Last updated June 9, 2021 at 2:06 PM
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Section 4926.09 | Pole attachment agreement.
Latest Legislation:
House Bill 2 - 134th General Assembly
An electric cooperative may require a provider to execute an agreement for a pole attachment under nondiscriminatory, just, and reasonable rates, terms, and conditions in accordance with sections 4926.06 to 4926.36 of the Revised Code if the cooperative requires all other attaching parties to execute such an agreement.
Last updated June 9, 2021 at 2:06 PM
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Section 4926.12 | Time for granting or denying request.
Latest Legislation:
House Bill 2 - 134th General Assembly
After receiving a request for access, an electric cooperative shall grant or deny access within the time frame established by the federal communications commission, unless, pursuant to section 4926.57 of the Revised Code, a court of common pleas determines a different time frame for granting or denying access.
Last updated June 9, 2021 at 2:14 PM
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Section 4926.15 | Reasons for request denial.
Latest Legislation:
House Bill 2 - 134th General Assembly
An electric cooperative may deny a provider access to its poles for either of the following reasons if the reasons are applied on a nondiscriminatory basis: (A) Insufficient capacity; (B) Safety, reliability, or generally applicable engineering standards.
Last updated June 9, 2021 at 2:14 PM
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Section 4926.18 | Denial requirements.
Latest Legislation:
House Bill 2 - 134th General Assembly
If an electric cooperative denies an access request submitted under section 4926.15 of the Revised Code, the cooperative must confirm the denial in writing. The denial shall be specific and shall include all relevant evidence and information supporting the denial and an explanation of how that evidence and information relates to the factors described in section 4926.15 of the Revised Code on which the denial is based.
Last updated June 9, 2021 at 2:08 PM
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Section 4926.21 | Make ready work compliance and costs; annual recurring pole attachment fee.
Latest Legislation:
House Bill 2 - 134th General Assembly
(A) A provider and an electric cooperative shall comply with the process for make-ready work under 47 U.S.C. 224 and the federal communications commission orders and regulations implementing that section, unless, pursuant to section 4926.57 of the Revised Code, a court of common pleas establishes a different process for make-ready work. (B) The cooperative shall provide a good-faith estimate for any make-ready work, which shall include pole replacement if necessary. All make-ready costs shall be based on the cooperative's actual costs not recovered through the annual recurring attachment rate. The cooperative shall provide detailed documentation of the actual costs. (C) A cooperative that charges an annual recurring attachment fee shall establish the fee in accordance with the cable pole attachment rate formula established in 47 U.S.C. 224(d) and commission orders and regulations implementing that formula, unless, pursuant to section 4926.57 of the Revised Code, a court of common pleas establishes a different attachment fee.
Last updated June 9, 2021 at 2:08 PM
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Section 4926.24 | Pole attachment requirements and standards.
Latest Legislation:
House Bill 2 - 134th General Assembly
The attachment of facilities on the poles of an electric cooperative by a provider shall comply with the following: (A) The most recent, applicable, nondiscriminatory safety and reliability standards adopted by the cooperative; (B) The national electric safety code adopted by the institute of electrical and electronics engineers in effect on the date of the attachment.
Last updated June 9, 2021 at 2:08 PM
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Section 4926.27 | Compliance with public right-of-way requirements.
Latest Legislation:
House Bill 2 - 134th General Assembly
Nothing in sections 4926.01 to 4926.60 of the Revised Code affects a provider or other attaching party's obligation to obtain any necessary authorization before occupying public ways or private rights-of-way with its attachment.
Last updated June 9, 2021 at 2:08 PM
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Section 4926.30 | Direct benefit from modification of pole facilities.
Latest Legislation:
House Bill 2 - 134th General Assembly
If an electric cooperative's pole facility is modified, a party with a preexisting attachment to the modified facility is considered to directly benefit from a modification if, after receiving notification of the modification, the party adds to or modifies its attachment.
Last updated June 9, 2021 at 2:09 PM
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Section 4926.33 | Cost sharing for modifications of pole facilities.
Latest Legislation:
House Bill 2 - 134th General Assembly
(A) If an electric cooperative's pole facility is modified, all parties that obtain access to the facility as a result of the modification and all parties that directly benefit from the modification shall share proportionately in the cost of the modification. (B) If a party makes an attachment to the facility after the completion of the modification, the party shall share proportionately in the costs of the modification if that modification rendered the added attachment possible.
Last updated June 9, 2021 at 2:09 PM
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Section 4926.36 | Rearrangement or replacement of preexisting pole attachment cost limitations.
Latest Legislation:
House Bill 2 - 134th General Assembly
Unless a modification by an electric cooperative is necessary for an electric service that uses smart grid or other technology, a party with a preexisting attachment to a pole is not required to bear any of the costs of rearranging or replacing its attachment if the rearrangement or replacement is necessary because of another party's request for an additional attachment or a modification of an existing attachment.
Last updated June 9, 2021 at 2:09 PM
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Section 4926.39 | Common please court in which complaints filed.
Latest Legislation:
House Bill 2 - 134th General Assembly
Subject to the venue requirements of section 4926.43 of the Revised Code, an electric cooperative or a provider may file a complaint regarding pole attachment disputes with respect to sections 4926.01 to 4926.60 of the Revised Code with the court of commons pleas of the county in which the cooperative's Ohio headquarters is located.
Last updated June 9, 2021 at 2:23 PM
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Section 4926.42 | Jurisdiction over pole attachment complaints.
Latest Legislation:
House Bill 2 - 134th General Assembly
Subject to the venue requirements of section 4926.43 of the Revised Code, the court of common pleas of the county in which an electric cooperative's Ohio headquarters is located has jurisdiction to hear complaints and to grant remedies with respect to sections 4926.01 to 4926.60 of the Revised Code regarding attachment disputes for which a complaint is filed.
Last updated June 9, 2021 at 2:24 PM
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Section 4926.43 | Venue requirements.
Latest Legislation:
House Bill 2 - 134th General Assembly
A hearing regarding a complaint filed under section 4926.39 of the Revised Code is a special statutory proceeding under division (C) of Civil Rule 1 of the Rules of Civil Procedure. Any civil proceeding under section 4926.39 of the Revised Code shall be conducted in accordance with the Rules of Civil Procedure, except that a complaint regarding pole attachment disputes with respect to sections 4926.01 to 4926.60 of the Revised Code is not subject to general venue provisions in Civil Rule 3 of the Rules of Civil Procedure. To that extent only, such proceedings shall be deemed a special statutory proceeding under division (C)(8) of Civil Rule 1 of the Rules of Civil Procedure. Venue for such a proceeding shall lie only in the county in which the cooperative's Ohio headquarters is located, provided that at least some portion of the attachment will occur in that county. In the event that the cooperative's Ohio headquarters is not located in a county in which some portion of the attachment will occur, or that more than one cooperative is a party, venue shall lie only in the county in which the largest physical portion of the attachment will occur. Court orders relative to venue are final orders pursuant to division (B)(2) of section 2505.02 of the Revised Code. Orders not specifically relating to venue are reviewable on appeal in the same manner as judgments in any civil action. Land acquisition actions pursuant to Chapter 163. of the Revised Code are not affected by this section and shall be heard in a venue as provided in that chapter or Civil Rule 3 of the Rules of Civil Procedure.
Last updated June 9, 2021 at 2:11 PM
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Section 4926.45 | Evidentiary requirements for complaint.
Latest Legislation:
House Bill 2 - 134th General Assembly
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
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Section 4926.48 | Burden of proof regarding rate, term, or condition or denial of access.
Latest Legislation:
House Bill 2 - 134th General Assembly
(A) The complainant under section 4926.39 of the Revised Code has the burden of establishing a prima facie case that the rate, term, or condition complained of is not just and reasonable or that the denial of access was unlawful. (B) In a case involving a denial of access, the electric cooperative has the burden of establishing, by a preponderance of the evidence, that the denial was lawful, once a prima facie case is established by the complainant.
Last updated June 9, 2021 at 2:11 PM
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Section 4926.51 | Burden of proof regarding incremental cost claim.
Latest Legislation:
House Bill 2 - 134th General Assembly
In a complaint filed under section 4926.39 of the Revised Code, if an electric cooperative claims that the proposed rate is lower than its incremental costs, the cooperative has the burden of establishing, by a preponderance of the evidence, its incremental costs.
Last updated June 9, 2021 at 2:12 PM
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Section 4926.54 | Rebuttable presumptions.
Latest Legislation:
House Bill 2 - 134th General Assembly
In a complaint filed under section 4926.39 of the Revised Code, there is a rebuttable presumption that each of the following is just and reasonable: (A) The time frame to grant or deny access, if it is within the time frame established by the federal communications commission; (B) The process for make-ready work, if it is in accordance with the process for make-ready work under 47 U.S.C. 224 and the federal communications commission orders and regulations implementing that section; (C) The charged rate, if the electric cooperative can show that its charged rate does not exceed an annual recurring attachment rate calculated in accordance with the cable pole attachment rate formula in 47 U.S.C. 224(d) and federal communications commission orders and regulations implementing that formula.
Last updated June 9, 2021 at 2:12 PM
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Section 4926.57 | Remedies available to court.
Latest Legislation:
House Bill 2 - 134th General Assembly
(A) If, pursuant to a complaint filed under section 4926.39 of the Revised Code, a court of common pleas determines that any rate, term, or condition described in the complaint is not just and reasonable, it may do, but is not limited to doing, any of the following: (1) Terminate the rate, term, or condition and prescribe a just and reasonable rate, term, or condition; (2) Require entry into a pole attachment agreement on just and reasonable rates, terms, and conditions; (3) Require access to poles as provided under sections 4926.06 to 4926.36 of the Revised Code; (4) Substitute in the pole attachment agreement the just and reasonable rate, term, or condition established by the court; (5) Order a refund or payment, as appropriate. (B) A refund or payment ordered under this section may not exceed the difference between the actual amount paid under the unjust and unreasonable rate, term, or condition and the amount that would have been paid under the rate, term, or condition established by the court for the period described in the complaint, provided that the period during which refunds or payments are made does not exceed two years.
Last updated June 9, 2021 at 2:12 PM
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Section 4926.60 | Court determination is final and appealable.
Latest Legislation:
House Bill 2 - 134th General Assembly
A court of common pleas determination resolving a complaint under sections 4926.39 to 4926.57 of the Revised Code shall be issued in the form of a final appealable order.
Last updated June 9, 2021 at 2:12 PM
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