Ohio Revised Code Search

...nstalled by or on behalf of a provider upon any pole owned or controlled, in whole or in part, by one or more electric cooperatives. "Broadband provider" has the same meaning as in section 122.40 of the Revised Code. "Electric cooperative" has the same meaning as in section 4928.01 of the Revised Code. "Incremental cost" means pole attachment costs incurred by an electric cooperative for providing long-run serv...

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

...ing 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.

...ative 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.

...ll 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.

...ny 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 cooperative shall provide detailed documentation of the actual costs. (C) A cooperative that charges an annual recurring attachment fee shall establish the fee in accordance with the cable pole attachment rate for...

...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...

...arty 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.

...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.

... to the venue requirements of section 4926.43 of 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.

...dure, 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 extent only, such proceedings shall be deemed a special statutory proceeding under division (C)(8) of Civil Rule 1 of the Rules of Civil Procedure. Venue for such a proceeding shall lie onl...

...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) If the complaint concerns any rate, ter...

...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.

...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.

...calculated in accordance with the cable pole attachment rate formula in 47 U.S.C. 224(d) and federal communications commission orders and regulations implementing that formula.

...r condition; (2) Require entry into a pole attachment agreement on just and reasonable rates, terms, and 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 orde...

... 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.

...ning railroads to the same municipal corporation or township, by the consent and under the direction of their respective boards of directors, or any number of persons, not less than five, a majority of whom are residents of this state, may file articles of incorporation in the office of the secretary of state for the purposes of purchasing or leasing grounds, and locating, constructing, maintaining, and operating a c...

...The articles of incorporation of a union terminal company, referred to by section 4953.01 of the Revised Code, shall specify: (A) The name assumed by such company; (B) When two or more of the incorporators are presidents of railroad companies, the names of such companies; (C) The municipal corporation or township in which depot, terminals, connection tracks, structures, and facilities to be operated in connection ...

...The articles of incorporation referred to by section 4953.02 of the Revised Code shall be signed by the presidents in behalf of the railroad companies, with the corporate seals of the companies annexed to such articles, or by any number of persons, not less than five, a majority of whom are residents of this state, and shall be forwarded to the secretary of state, who shall record and preserve them in his office. A c...