Ohio Revised Code Search
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Section 4926.24 | Pole attachment requirements and standards.
...ecent, 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. |
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Section 4926.27 | Compliance with public right-of-way requirements.
...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. |
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Section 4926.30 | Direct benefit from modification of pole facilities.
...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. |
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Section 4926.33 | Cost sharing for modifications of pole facilities.
...tachment 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. |
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Section 4926.36 | Rearrangement or replacement of preexisting pole attachment cost limitations.
...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. |
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Section 4926.39 | Common please court in which complaints filed.
...ection 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. |
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Section 4926.42 | Jurisdiction over pole attachment complaints.
... 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. |
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Section 4926.43 | Venue requirements.
...rding 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 Cod... |
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Section 4926.45 | Evidentiary requirements for complaint.
...0 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... |
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Section 4926.48 | Burden of proof regarding rate, term, or condition or denial of access.
...n 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. |
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Section 4926.51 | Burden of proof regarding incremental cost claim.
...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. |
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Section 4926.54 | Rebuttable presumptions.
...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... |
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Section 4926.57 | Remedies available to court.
... 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) ... |
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Section 4926.60 | Court determination is final and appealable.
... 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. |
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Section 4927.01 | Definitions.
...he telephone company's option, an internet-accessible database of directory listings, for no additional charge and a listing in that directory, with reasonable accommodations made for private listings, and for a telephone company that no longer offers a printed directory, provision of reasonable customer notice of the available options to obtain directory information; (vii) Per call, caller identification blocking... |
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Section 4927.02 | State policy.
...gh the continuation of federal lifeline assistance programs ; and (11) Allow and encourage competition and market forces to determine the availability, prices, terms, and other conditions of providing telecommunications services. (B) The public utilities commission shall consider the policy set forth in this section in carrying out this chapter. |
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Section 4927.03 | Authority over VOIP-enabled service and other telecommunications services.
...05.15, 4905.16, 4905.17, 4905.22, 4905.26, 4905.27, 4905.28, 4905.29, 4905.31, 4905.32, 4905.33, 4905.35, 4905.37, 4905.38, 4905.39, 4905.48, 4905.54, 4905.55, 4905.56, and 4905.60 of the Revised Code do not apply to a telephone company or, as applicable, to an officer, employee, or agent of such company or provider, except to the extent necessary for the commission to carry out sections 4927.01 to 4927.21 of t... |
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Section 4927.04 | Commission's authority under federal law.
...; (F) Administration of customer proprietary network information under 47 U.S.C. 222 and federal regulations adopted thereunder; (G) Outage reporting consistent with federal requirements. Except as provided in division (B) of section 4927.03 of the Revised Code, the commission has power and jurisdiction under this section over a telecommunications carrier to the extent necessary to perform the obligations des... |
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Section 4927.05 | Certificate or registration required.
...ith the commission, each in the manner set forth in rules adopted by the commission. The application or registration shall include all of the following: (a) The company's or provider's name 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 wi... |
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Section 4927.06 | Unfair or deceptive trade practices.
...y 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 a service-related inquiry or complaint that the company receives from a customer or... |
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Section 4927.07 | Withdrawal of service.
...o the commission, to its wholesale and retail customers, and to any telephone company wholesale provider of its services. (C) Divisions (A) and (B) of this section do not apply to any of the following: (1) Pole attachments under section 4905.71 of the Revised Code; (2) Conduit occupancy under section 4905.71 of the Revised Code; (3) Interconnection and resale agreements approved under the "Telecommunications Act ... |
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Section 4927.08 | Basic local exchange service standards.
...two hours, the telephone company shall credit every affected customer, of which the telephone company is aware, in the amount of one month's charges for basic local exchange service. (b) If the outage is caused by a customer, the telephone company may elect not to credit that customer. (4) No telephone company shall establish a due date earlier than fourteen consecutive days after the date the bill is postmar... |
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Section 4927.09 | Access to 9-1-1 service.
...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. |
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Section 4927.10 | Carrier's withdrawal or abandonment of basic local exchange service.
...hange service, the customer may file a petition with the public utilities commission not later than ninety days prior to the effective date of the withdrawal or abandonment. If a residential customer is identified by the collaborative process established under Section 749.10 of H.B. 64 of the 131st general assembly as a customer who will be unable to obtain reasonable and comparatively priced voice service upon the w... |
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Section 4927.101 | Effect of enactments and amendments by HB 64 of 131st general assembly.
...tion, 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 under this title related to wholesale rights or obligati... |