Ohio Revised Code Search

...scind, rules in accordance with section 111.15 of the Revised Code, with the approval of the governor, defining various foreseen types and levels of energy emergency conditions for critical shortages or interruptions in the supply of electric power, natural gas, coal, or individual petroleum fuels and specifying appropriate measures to be taken at each level or for each type of energy emergency as necessary to protec...

...(A) As used in this chapter: (1) "Major utility facility" means: (a) An electric transmission line and associated facilities of a design capacity of one hundred twenty-five kilovolts or more; (b) A gas or natural gas transmission line and associated facilities designed for, or capable of, transporting gas or natural gas at pressures in excess of one hundred twenty-five pounds per square inch. "Major utility ...

...The public utilities commission shall conduct a study to review the condition of reactive power in the state. The commission shall issue a report of its findings to the general assembly not later than one year after the effective date of this section.

...As used in sections 4937.01 to 4937.05 of the Revised Code: (A) "Hazard" has the same meaning as in section 5502.21 of the Revised Code. (B) "Member agency" means the state agency of which a member of the utility radiological safety board is an officer. (C) "Nuclear electric facility" means any facility operated by a nuclear electric utility using nuclear energy to produce electricity and any facility for the s...

...(A) There is hereby created the utility radiological safety board composed of the chairperson of the public utilities commission, the director of environmental protection, the director of health, the director of agriculture, the executive director of the emergency management agency, and the director of commerce, or their designees each of whom shall be an employee of the member agency of the board member for whom the...

...(A)(1) The utility radiological safety board may request information from nuclear electric utilities or nuclear electric utility holding companies which it considers necessary to conduct investigations, examinations, and studies it may undertake, but shall not impose any undue burden on the utilities or holding companies in this regard. (2) The board may, either through its members or by persons authorized by it, ex...

...tility radiological safety board may: (1) Conduct any investigations, examinations, or studies requested by the governor or which it considers necessary or appropriate to carry out its responsibilities or duties under sections 4937.01 to 4937.05 of the Revised Code. (2) Formulate a recommendation regarding whether the governor should enter into any agreement with the federal nuclear regulatory commission pursuant t...

...sessment may be made under section 4905.10 of the Revised Code an amount no greater than the maximums specified in the applicable main operating appropriations act. The assessment shall be made in proportion to the intrastate gross receipts of the utility, excluding receipts from sales to other public utilities for resale, for the calendar year next preceding that in which the assessments are made, or be made based u...

...As used in sections 4939.01 to 4939.09 of the Revised Code: (A) "Abandoned" means any small cell facilities or wireless support structures that are unused for a period of three hundred sixty-five days without the operator otherwise notifying the municipal corporation and receiving the municipal corporation's approval. (B) "Antenna" means communications equipment that transmits or receives radio frequency signals in...

...his state to do all of the following: (1) Promote the public health, safety, and welfare regarding access to and the occupancy or use of public ways, to protect public and private property, and to promote economic development in this state; (2) Promote the availability of a wide range of utility, communication, and other services to residents of this state at reasonable costs, including the rapid implementation of ...

...ublic health, safety, and welfare. (C)(1) No person shall occupy or use a public way without first obtaining, under this section or section 1332.24 or 4939.031 of the Revised Code, any requisite consent of the municipal corporation owning or controlling the public way. (2) Except as otherwise provided in division (C) (6) of this section and sections 4939.031 and 4939.036 of the Revised Code, a municipal corporati...

...(A) Subject to section 4939.0314 of the Revised Code and approval of an application under this section, an operator may, as a permitted use not subject to zoning review or approval, collocate a small cell facility and construct, maintain, modify, operate, or replace wireless support structures in, along, across, upon, and under the public way. An operator shall comply with generally applicable standards that are cons...

...t pursuant to section 4939.03 or 4939.031 of the Revised Code shall include the name of the person who owns or will own the small cell facility or wireless support structure for which consent is requested. A permit or other record of consent issued by a municipal corporation that authorizes the use of the public way pursuant to section 4939.03 or 4939.031 of the Revised Code shall include the name of the person who o...

...is not an operator under section 4939.031 of the Revised Code shall request, pursuant to and in accordance with the requirements of section 4939.03 of the Revised Code, municipal corporation consent to collocate a small cell facility and construct, maintain, modify, operate, or replace wireless support structures in, along, across, upon, and under a public way.

... time period required in section 4939.031 of the Revised Code may be tolled only: (1) By mutual agreement between the entity requesting consent and the municipal corporation; (2) In cases where the municipal corporation determines that the application is incomplete; or (3) If the number of requests for consent for small cell facilities or wireless support structures received is likely to result in difficulty proce...

...Nothing in this chapter precludes a municipal corporation from applying its generally applicable health, safety, and welfare regulations when granting consent for a small cell facility or wireless support structure.

...Notwithstanding sections 4939.031 to 4939.037 of the Revised Code, a municipal corporation shall approve within sixty days, and may not deny, an eligible facilities request under 47 C.F.R. 1.40001.

...Any operator who owns or operates small cell facilities or wireless support structures in the public way shall indemnify, protect, defend, and hold the municipal corporation and its elected officials, officers, employees, agents, and volunteers harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees to include reasonable attorney fees and costs of defense, proceedings, actions,...

...tivities conducted in the public way: (1) Routine maintenance of wireless facilities; (2) The replacement of wireless facilities with wireless facilities that are consistent with the municipal corporation's current design guidelines and that are either of the following: (a) Substantially similar to the existing wireless facilities; (b) The same size or smaller than the existing wireless facilities. (B) A municip...

...cation for consent under section 4939.031 of the Revised Code for up to thirty small cell facilities requests in a single application or up to thirty wireless support structure requests in a single application and receive a single permit for the construction, modification, collocation, or replacement of the small cell facilities or wireless support structures. However, this single application may only address multipl...

...) Except as set forth in section 4939.0314 of the Revised Code, impose separation requirements regarding spacing between an operator's facilities and other wireless facilities, wireless support structures, utility poles, ground-mounted equipment, or other utility facilities within the public way.

...area regarding all of the following: (1) The location of any ground-mounted small cell facilities; (2) The location of a small cell facility on a wireless support structure; (3) The appearance and concealment of small cell facilities, including those relating to materials used for arranging, screening, or landscaping; (4) The design and appearance of a wireless support structure including any height requirem...

...for consent described in section 4939.031 of the Revised Code.

...icipal corporation under section 4939.031 of the Revised Code for granting or processing an application for consent shall not exceed a one-time fee of two hundred fifty dollars per small cell facility. Beginning on the effective date of this section, a municipal corporation may adjust this fee ten per cent every five years, rounded to the nearest five dollars. During each five-year period, the adjustment may be appl...

...A municipal corporation's approval term of an attachment to a wireless support structure shall be for a period of not less than ten years, with presumption of renewal for successive five-year terms, subject to terms providing for early termination or nonrenewal for cause or by mutual agreement and unless otherwise agreed to by both the operator and the municipal corporation, except for generally applied permitting t...