Ohio Revised Code Search

...logy, 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.

...c 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.

...6.43 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.

... 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 only in the cou...

...he 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, term, or condit...

...4926.39 of the Revised Code has the burden of establishing a prima facie case that the rate, term, or condition 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...

...e proposed rate is lower than its incremental costs, the cooperative has the burden of establishing, by a preponderance of the evidence, its incremental costs.

...able: (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 communications commission orders and regulations implementing that section; (C) The charged rate, if the electric cooperative can show that its ch...

...rate, term, or 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...

...A court of common pleas determination 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.

...vice" means a service that enables real-time, two-way, voice communications that originate or terminate from the user's location using internet protocol or a successor protocol, including, but not limited to, any such service that permits an end user to receive calls from and terminate calls to the public switched network. (18) "Voice service" includes all of the applicable functionalities described in 47 C.F.R. 5...

...t 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.

...der federal law, the public utilities commission has no authority over any interconnected voice over internet protocol-enabled service or any telecommunications service that is not commercially available on September 13, 2010, and that employs technology that became available for commercial use only after September 13, 2010, unless the commission, upon a finding that the exercise of the commission's authority ...

...4," 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 Stat. 56, 47 U.S.C. 251, as amended; (B) Authority to mediate and arbitrate disputes and approve agreements under the "Telecommunications Act of 1996," 110 Stat. 56, 47 U.S.C. 252, as amended; (C) Administration of tel...

...) A service description, including the general geographic areas served, but not maps of service areas; (d) Evidence of registration with the secretary of state; (e) Evidence of notice to the public utilities tax division of the department of taxation of the company's or provider's intent to provide service; (f) As to a certification application, evidence of financial, technical, and managerial ability to provi...

...ission absent that notice and adequate time for implementation. (C) This section does not apply to wireless service. A consumer purchase of wireless service or a related product shall constitute a consumer transaction for purposes of sections 1345.01 to 1345.13 of the Revised Code, notwithstanding any provision of those sections to the contrary.

...27.10 of the Revised Code, a telephone company may withdraw any telecommunications service if it gives at least thirty days' prior notice to the public utilities commission and to its affected customers. (B) Except as provided under the notice requirements of section 4927.10 of the Revised Code, a telephone company may abandon entirely telecommunications service in this state if it gives at least thirty days' prior ...

...e shall conduct its operations so as to ensure that the service is available, adequate, and reliable, consistent with applicable industry standards. (B) The public utilities commission shall adopt rules prescribing the following standards for the provision of basic local exchange service, and shall adopt no other rules regarding that service except as expressly authorized in this chapter: (1) Basic local exch...

...tain 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.

... treated as though the customer filed a timely petition under this division. (1) The public utilities commission shall issue an order disposing of the petition not later than ninety days after the filing of the petition. (a) If the public utilities commission determines after an investigation that no reasonable and comparatively priced voice service will be available to the affected customer at the customer's resid...

...n, 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 obligations...

... wireless service, or internet protocol-enabled services any notice requirement, withdrawal or abandonment restrictions, buildout requirements, or any other regulatory requirement or restriction that is not generally applicable to the service or the provider in other contexts.

...e requested service within a reasonable time. (C) An incumbent local exchange carrier may apply to the commission for a waiver from compliance with division (A) of this section. The application shall include, at a minimum, the reason for the requested waiver, the number of persons or entities who would be impacted by the waiver, and the alternatives that would be available to those persons or entities if the waiver ...

...bent local exchange carrier may, at any time, alter the carrier's rates for basic local exchange service for that exchange area downward by any amount, but not below the carrier's incremental cost. But the carrier may not alter its rates for basic local exchange service upward for that exchange area unless the carrier first applies to the commission and the commission determines that the application demonstrates tha...

...ervice upward by any amount and at any time.