Ohio Revised Code Search

...tachments in accordance with sections 4926.06 to 4926.36 of the Revised Code.

...g 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.

...onditions 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.

...mmission, 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.

...ive 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.

...ccess 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.

... 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 cooperat...

...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.

...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.

...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.

...(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.

...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.

... 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.

...r 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 ex...

...as 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) I...

...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.

...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...

...d 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 ...

... 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.

...ce" means federally licensed commercial mobile service as defined in the "Telecommunications Act of 1996," 110 Stat. 61, 151, 153, 47 U.S.C. 332(d) and further defined as commercial mobile radio service in 47 C.F.R. 20.3. Under division (A)(19) of this section, commercial mobile radio service is specifically limited to mobile telephone, mobile cellular telephone, paging, personal communications services, and speciali...

...incentives for competing providers of telecommunications service to provide advanced, high-quality telecommunications service to citizens throughout the state; (3) Rely primarily on market forces, where they exist, to maintain reasonable service levels for telecommunications services at reasonable rates; (4) Encourage innovation in the telecommunications industry and the deployment of advanced telecommunications se...

...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...

...orm the obligations authorized by or delegated to it under federal law, including federal regulations, which 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 Sta...