Ohio Revised Code Search
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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.
...s or wireless support structures in the public way shall indemnify, protect, defend, and hold the municipal corporation 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 ... |
Section 4939.0311 | Consent not required.
...ich consent is authorized under section 4939.031 of the Revised Code. Any such permit shall be subject to any applicable law in this chapter. (C) Notwithstanding the amendments and enactments made to sections 4939.01 to 4939.09 of the Revised Code by H.B. 478 of the 132nd General Assembly, a cable or video service provider shall not be required to obtain permits from a municipal corporation or to pay fees, with the... |
Section 4939.0312 | [Former R.C 4939.0313, amended and renumbered by H.B. 478, 132nd General Assembly, effective 8/1/2018] Consolidated requests.
...d application for consent under section 4939.031 of the Revised Code for up to thirty small cell facilities requests in a single application or up to thirty wireless support structure requests in a single application and receive a single permit for the construction, modification, collocation, or replacement of the small cell facilities or wireless support structures. However, this single application may only address ... |
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.
...on; (L) Except as set forth in section 4939.0314 of the Revised Code, impose separation requirements regarding spacing between an operator's facilities and other wireless facilities, wireless support structures, utility poles, ground-mounted equipment, or other utility facilities within the public way. |
Section 4939.0314 | Powers of municipality regarding placement of small cell facilities or wireless support structures.
...ranging, screening, or landscaping; (4) The design and appearance of a wireless support structure including any height requirements adopted by a municipality in accordance with division (F) of this section. Any such guidelines shall be applied in a nondiscriminatory manner. Materials utilized to comply with the appearance and concealment criteria established in the guidelines shall not be considered part of the ... |
Section 4939.0315 | [Former R.C. 4939.0317, renumbered by H.B. 478, 132nd General Assembly, effective 8/1/2018] Moratorium prohibited.
...quests 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.
...y 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, the adjustment may ... |
Section 4939.0317 | Duration of approval term.
...s 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.
...uidelines 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 replacement or modification of the wireless support structure at the operator's cost if the municipal corporation deter... |
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 ... |
Section 4939.05 | Levy of public way fees by municipal corporation.
...rporation to pay it a public way fee. (4) A municipal corporation that charges a franchise fee or otherwise receives free service or other nonmonetary compensation as part of a franchise between a cable operator and the municipal corporation shall grant the cable operator, for the occupancy or use of the public way related to the provision of any services provided by the cable operator, a credit, offset, or deductio... |
Section 4939.06 | Appeal of levy of public way fee.
...s a complaint filed pursuant to section 4905.26 of the Revised Code. The commission shall act to resolve the complaint by issuance of a final order within one hundred twenty days after the date of the complaint's filing. (B) Only upon a finding by the commission that reasonable grounds are stated for a complaint filed under division (A) of this section, the commission by order shall suspend the public way fee provis... |
Section 4939.07 | Application to recover fees and costs.
...ion pursuant to division (C) of section 4939.06 of the Revised Code, the mechanism shall provide for recovery, only from those customers of the public utility that receive its service within the municipal corporation, of the difference between that public way fee and the just and reasonable public way fee determined by the commission under division (C) of section 4939.06 of the Revised Code. (b) In all other cases,... |
Section 4939.08 | Relocation of facilities.
... the health, safety, and welfare of the public, an operator shall relocate or adjust its facilities within the public way at no cost to the municipal corporation, as long as such request similarly binds all users in or on such public way. Such relocation or adjustment shall be completed in accordance with local law. |
Section 4939.09 | [Former R.C. 4939.08, amended and renumbered by H.B. 478, 132nd General Assembly, effective 8/1/2018] Exceptions for prior franchises or agreements.
... a franchise or to any agreement with a public utility, cable operator, or operator, for the balance of its term, if the franchise or agreement meets all of the following, as applicable: (1)(a) With respect to a public utility or cable operator, the franchise was granted, or the agreement was authorized by ordinance or otherwise and was entered into, by a municipal corporation prior to July 2, 2002. (b) With respec... |
Section 4951.01 | Authority to construct street railways.
...Street railways, with single or double tracks, sidetracks, and turnouts, may be constructed or extended within or without, or partly within and partly without, any municipal corporation. Offices, depots, and other necessary buildings for street railways may be constructed. |
Section 4951.02 | Grant of right to construct.
...The right to construct or extend a street railway within or beyond the limits of a municipal corporation may be granted only by its legislative authority by ordinance. The right to construct such street railway without the limits of a municipal corporation may be granted only by the board of county commissioners by an order entered on its journal. The legislative authority or the board may fix the conditions upon whi... |
Section 4951.03 | Grantee not to be released from obligation.
...After a grant to construct or extend a street railway, or the renewal of any such grant, has been made by general or special ordinance or by the order of the board of county commissioners, neither the municipal corporation nor the board shall release a grantee from any obligations or liabilities imposed by the grant or renewal during the term for which such grant or renewal was made. |
Section 4951.04 | Right to occupy tracks of existing companies.
...No right shall be given by municipal or county authorities to occupy the track, single or double, or other structure, of existing street railways for more than one eighth of the distance between the termini of the route, as actually constructed, operated, and run over, of the company or person to whom such grant is made. In granting permission to extend existing routes in cities, the cities and companies owning such ... |
Section 4951.05 | Extension to be constructed as new route.
...No extension of a street railway located wholly outside a city, or of one wherever located, which is built in pursuance of a right obtained from authority other than that of a municipal corporation, shall be made within the limits of such city, except as a new route. |
Section 4951.06 | Written consent of property owners required.
...ots and lands abutting on the street or public way along which it is proposed to construct such street railway or extension, and evidence that ordinances of the legislative authority relating to such grant have in all respects been complied with, whether the railway proposed is an extension of an old or the granting of a new route. |
Section 4951.07 | Written consent not required.
...d, on and along any part of a street or public way upon which a street railway has been operated within one year preceding under a grant or renewal of a grant which has expired or within two years will expire or when such a grant is made by the legislative authority of a municipal corporation or the board of county commissioners of a county on and along any part of a street or public way upon the order or finding of ... |