Ohio Revised Code Search
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Section 4937.02 | Utility radiological safety board.
...heir designees each of whom shall be an employee of the member agency of the board member for whom the person is a designee. The purpose of the board is to develop a comprehensive policy for the state regarding nuclear power safety. The board's objectives shall be to promote safe, reliable, and economical power; establish a memorandum of understanding with the federal nuclear regulatory commission and the state, incl... |
Section 4937.03 | Powers and duties of utility radiological safety board.
...e of its duties, any officer, agent, or employee of a nuclear electric utility or nuclear electric utility holding company or any other person regarding a nuclear electric facility or utility or a nuclear electric facility incident, and may compel the attendance of such witness for the purpose of the examination. The board may examine all books, contracts, records, documents, and papers of any person and, by subpoena... |
Section 4937.04 | Additional powers of utility radiological safety board.
... electric facilities, environmental and public health protection, and emergency management to promote nuclear safety and to mitigate the effects of a nuclear electric facility incident in the areas surrounding a nuclear electric facility. The board shall make recommendations to increase cooperation and coordination among the member agencies toward the promotion of nuclear safety and mitigation of the effects of a nuc... |
Section 4937.05 | Apportionments and assessments against nuclear electric utilities.
... 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... |
Section 4939.01 | Municipal public way definitions.
... 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)... |
Section 4939.02 | State policy.
...(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... |
Section 4939.03 | Prohibited conduct concerning public ways.
...(A) No person shall occupy or use a public way except in accordance with law. (B) In occupying or using a public way, no person shall unreasonably compromise the public 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 t... |
Section 4939.031 | Small cell facilities and wireless support structures; Requests for consent from micro wireless facilities.
... in, along, across, upon, and under the public way. An operator shall comply with generally applicable standards that are consistent with this chapter and adopted by a municipal corporation for construction and public safety in a public way. All structures and facilities shall be constructed and maintained so as not to impede or impair public safety or the legal use of the public way by the municipal corporation, the... |
Section 4939.032 | Applications for requests for consent.
...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. |
Section 4939.033 | Request for consent to collocate.
...es in, along, across, upon, and under a public way. |
Section 4939.036 | [Former R.C. 4939.035, amended and renumbered by H.B. 478, 132nd General Assembly, effective 8/1/2018] Tolling of time period for consent.
...(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... |
Section 4939.037 | [Former R.C. 4939.038, amended and renumbered by H.B. 478, 132nd General Assembly, effective 8/1/2018] Applicability of regulations.
...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. |
Section 4939.038 | [Former R.C. 4939.039, renumbered by H.B. 478, 132nd General Assembly, effective 8/1/2018] Eligible facilities request.
...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. |
Section 4939.039 | Indemnification for municipalities and officials.
...on 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, 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 da... |
Section 4939.0311 | Consent not required.
...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. ... |
Section 4939.0312 | [Former R.C 4939.0313, amended and renumbered by H.B. 478, 132nd General Assembly, effective 8/1/2018] Consolidated requests.
...(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... |
Section 4939.0313 | [Former R.C. 4939.0315, amended and renumbered by H.B. 478, 132nd General Assembly, effective 8/1/2018] Restrictions on municipal authority.
...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... |
Section 4939.0314 | Powers of municipality regarding placement of small cell facilities or wireless support structures.
...lity or wireless support structure in a public way, a municipal corporation may do any of the following: (A) Reserve space for future public safety or transportation uses in the public way or on a wireless support structure or pole owned by a municipal corporation in a documented and approved plan in place at the time an application is filed. A reservation of space shall not preclude placement of a pole or collocat... |
Section 4939.0315 | [Former R.C. 4939.0317, renumbered by H.B. 478, 132nd General Assembly, effective 8/1/2018] Moratorium prohibited.
...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. |
Section 4939.0316 | Former R.C. 4939.0319, amended and renumbered by H.B. 478, 132nd General Assembly, effective 8/1/2018] Fees.
...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... |
Section 4939.0317 | Duration of approval term.
...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. |
Section 4939.0322 | [Former R.C. 4939.0325, amended and renumbered by H.B. 478, 132nd General Assembly, effective 8/1/2018] Collocation of wireless support structure; reimbursement charges.
...unicipal corporation and located in the public way, provided that the operator comply with any applicable design guidelines under division (C) of section 4939.0314 of the Revised Code and reasonable terms and conditions for such collocations adopted by the municipal corporation that are consistent with the design guidelines and this chapter. The municipal corporation may condition approval of the collocation on repla... |
Section 4939.0323 | [Former R.C. 4939.0327, renumbered by H.B. 478, 132nd General Assembly, effective 8/1/2018] Exclusive agreements.
...A municipal corporation shall not enter into an exclusive arrangement with any entity for the right to attach to the municipal corporation's wireless support structures. |
Section 4939.0329 | Construction, modification, or maintenance of oversized pole or wireless support structure under public way.
...rt structure along, across, and under a public way in excess of the size limits, to the extent permitted by the municipal corporation's applicable regulations. |
Section 4939.04 | Management, regulation, and administration of public ways by municipal corporations.
...) A municipal corporation shall provide public utilities or cable operators with open, comparable, nondiscriminatory, and competitively neutral access to its public ways. (2) Nothing in division (A)(1) of this section prohibits a municipal corporation from establishing priorities for access to or occupancy or use of a public way by a public utility or cable operator when the public way cannot accommodate all public ... |