Ohio Revised Code Search

...(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 modific...

...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.

...f the county in which the cooperative's Ohio headquarters is located.

...unty 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.

...e 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.

...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 ...

...(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...

...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.

...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 commu...

...y 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.

...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.

...n 673(2) of the "Omnibus Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as amended, for a family size equal to the size of the family of the person whose income is being determined. (5) "Incumbent local exchange carrier" means, with respect to an area, the local exchange carrier that: (a) On February 8, 1996, provided telephone exchange service in such area; and (b)(i) On February 8, 1996, was deeme...

... telecommunications services. (B) The public utilities commission shall consider the policy set forth in this section in carrying out this chapter.

... 2010, shall constitute a consumer transaction for purposes of sections 1345.01 to 1345.13 of the Revised Code, notwithstanding any provision of those sections to the contrary, unless the commission exercises jurisdiction over the service in accordance with this division. Notwithstanding any contrary provision of Chapter 4911. of the Revised Code, to the extent that the commission adopts rules under division (A...

...ich obligations include performing the acts of a state commission as defined in the "Communications Act of 1934," 48 Stat. 1064, 47 U.S.C. 153, as amended, and include, but are not limited to, carrying out any of the following: (A) Rights and obligations under the "Telecommunications Act of 1996," 110 Stat. 56, 47 U.S.C. 251, as amended; (B) Authority to mediate and arbitrate disputes and approve agreements ...

...ame and address; (b) The name of a contact person and that person's contact information; (c) A service description, including the general geographic areas served, but not maps of service areas; (d) Evidence of registration with the secretary of state; (e) Evidence of notice to the public utilities tax division of the department of taxation of the company's or provider's intent to provide service; (f) As to a...

...aterial exclusions or limitations. The public utilities commission may prescribe, by rule, a commission review process to determine when disclosing such information is not practicable, and therefore nondisclosure does not result in an unfair or deceptive act or practice. (2) Any written service solicitation, marketing material, offer, contract, or agreement, as well as any written response from the company to...

... approved under the "Telecommunications Act of 1996," 110 Stat. 56, 47 U.S.C. 151 et seq., as amended. (D) Except as provided in section 4927.10 of the Revised Code, an incumbent local exchange carrier may not withdraw or abandon basic local exchange service. (E) Neither a telephone company nor an incumbent local exchange carrier may, without first filing a request with the commission and obtaining commission appro...

...pplicable industry standards. (B) The public utilities commission shall adopt rules prescribing the following standards for the provision of basic local exchange service, and shall adopt no other rules regarding that service except as expressly authorized in this chapter: (1) Basic local exchange service shall be installed within five business days of the receipt by a telephone company of a completed applicat...

...Every telephone company providing telephone exchange service shall maintain access to 9-1-1 service on a residential customer's line for a minimum of fourteen consecutive days immediately following any disconnection for nonpayment of a customer's telephone exchange service.

...undred twenty days' prior notice to the public utilities commission and to its affected customers of the withdrawal or abandonment; (2) The requirements contained in division (A) of section 4927.11 of the Revised Code. (B) If a residential customer to whom notice has been given under this section will be unable to obtain reasonable and comparatively priced voice service upon the carrier's withdrawal or abandonment ...

...ect any of the following: (1) Any contractual obligation, including agreements under the "Telecommunications Act of 1996," 110 Stat. 56, 47 U.S.C. 251 and 252, as amended; (2) Any right or obligation under federal law or rules; (3) The carrier-access requirements under section 4927.15 of the Revised Code; (4) Any right or obligation under section 4905.71 of the Revised Code; (5) Any state law or rule adopted und...

...ny other provision of this chapter, the public utilities commission shall not, in connection with any proceeding pursuant to section 4927.07 or 4927.10 of the Revised Code, impose on any provider of telecommunications service, wireless service, or internet protocol-enabled services any notice requirement, withdrawal or abandonment restrictions, buildout requirements, or any other regulatory requirement or restriction...

...he public utilities commission of that fact within one hundred twenty days of receiving knowledge thereof. (3) The commission by rule may establish a process for determining a necessary successor telephone company to provide service to real estate described in division (B)(1) of this section when the circumstances described in that division cease to exist. (4) An incumbent local exchange carrier that receives a req...

... cause shown. The commission shall then act to approve or deny the application not later than ninety days after the date of the suspension. (c) If an incumbent local exchange carrier applies to the commission under division (B)(3)(a) of this section and the application is approved or deemed approved under division (B)(3)(b) of this section, the incumbent local exchange carrier, (i) during the twelve-month period tha...