Ohio Revised Code Search

...ed by an energy shortage that immediate action of state government is necessary to prevent loss of life, protect the public health or safety, and prevent unnecessary or avoidable damage to property. The declaration shall state the counties, utility service areas, or fuel market areas affected, or its statewide effect, and what fuels or forms of energy are in critically short supply. An energy emergency declaration go...

...(1) All information relating to current activities, facilities agreements, and published energy policies of the state has been completely and accurately represented; (2) The load requirements are based on substantially accurate historical information and adequate methodology; (3) The forecasting methods consider the relationships between price and energy consumption; (4) The report identifies and projects redu...

...t 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.

... of the "Public Utility Holding Company Act of 1935," 49 Stat. 810, 15 U.S.C.A. 79c, and the regulations adopted under the act.

... with individual state agencies to interact with the commission and the federal emergency management agency; and recommend policies and practices that promote safety, performance, emergency preparedness, and public health standards that are designed to meet the state's needs. (B) The governor shall appoint a chairperson of the board from among the members of the board. The board shall elect one of its members as vic...

...he Utility Radiological Safety Board of Ohio." The seal shall be affixed to authentications of copies of records and to other instruments as the board directs. (C) The board shall coordinate its activities with those of the power siting board. (D) The board shall recognize that the federal government has exclusive jurisdiction to regulate the nuclear safety and national security aspects of the construction and oper...

...ommission. (E) No court other than the Ohio supreme court shall interfere with the functions of the board, by writ of mandamus or otherwise.

... 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 upon the utility's decommissioning budget for the year of the assessment, if the utility is not engaged in the business of producing electricity using nuclear energy. On or before the first day of October in each year, the board shall notify each such utili...

... than a street light pole placed in the public way specifically designed and placed for aesthetic purposes and on which no appurtenances or attachments have been placed except for any of the following: (1) Electric lighting; (2) Specially designed informational or directional signage; (3) Temporary holiday or special event attachments. (F) "Eligible facilities request" has the same meaning as in 47 U.S.C. 1455(a)...

...(A) It is the public policy of this 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, includ...

... a request for consent is denied for an activity described in section 4939.031 of the Revised Code, the reasons required under this division shall be supported by substantial, competent evidence and the denial of consent shall not unreasonably discriminate against the entity requesting the consent. (5) Except in the case of a public utility subject to the jurisdiction and recognized on the rolls of the public utilit...

...al corporation that the time period for acting on the request has lapsed. (D) Except as provided in division (B) of section 4939.0311 of the Revised Code, this chapter, and any franchise, pole attachment, or other agreements between a municipal corporation and a cable operator or public utility, a municipal corporation shall not require any zoning or other approval, consent, permit, certificate, or condition for the...

...poration 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 owns or will own the facility or structure.

...es in, along, across, upon, and under a public way.

...(A) The 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 difficult...

...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.

...fees and costs of defense, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including personal or bodily injury or death, property damage or other harm for which recovery of damages is sought, to the extent that it is caused by the negligence of the operator who owns or operates small cell facilities and wireless service in the public way, any agent, officer, director, rep...

...e following activities 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. ...

...(A) A municipal corporation shall permit a person seeking to construct, modify, collocate, or replace more than one small cell facility or more than one wireless support structure within the jurisdiction of a single municipal corporation to file, at the person's discretion, a consolidated application for consent under section 4939.031 of the Revised Code for up to thirty small cell facilities requests in a single ap...

...ociated wireless support structure in a public way, a municipal corporation shall not do any of the following: (A) Require a person to submit information about, or evaluate a person's business decisions with respect to, the person's service, customer demand, or quality of service to or from a particular area or site as a condition for approval of the request; (B) Require a person to submit information about the nee...

...reasonably match the aesthetics and character of the immediate 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 appearanc...

...No municipal corporation may institute a moratorium on the filing, acceptance of filings, consideration, or approval of requests for consent described in section 4939.031 of the Revised Code.

...Any fee charged by a municipal 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, th...

...lly applied permitting to safeguard the public health, safety, and welfare. An operator may remove its small cell facilities at any time subject to applicable work permit requirements and may stop paying annual charges or fees under division (B) of section 4939.0322 of the Revised Code.