Ohio Revised Code Search

...(A)(1) The utility radiological safety board may request information from nuclear electric utilities or nuclear electric utility holding companies which it considers necessary to conduct investigations, examinations, and studies it may undertake, but shall not impose any undue burden on the utilities or holding companies in this regard. (2) The board may, either through its members or by persons authorized by it, ex...

...(A) The utility radiological safety board may: (1) Conduct any investigations, examinations, or studies requested by the governor or which it considers necessary or appropriate to carry out its responsibilities or duties under sections 4937.01 to 4937.05 of the Revised Code. (2) Formulate a recommendation regarding whether the governor should enter into any agreement with the federal nuclear regulatory commission p...

... of this section, the utility radiological safety board may apportion among and assess against each nuclear electric utility in this state against which an assessment may be made under section 4905.10 of the Revised Code an amount no greater than the maximums specified in the applicable main operating appropriations act. The assessment shall be made in proportion to the intrastate gross receipts of the utility, exclu...

...ised Code: (A) "Abandoned" means any small cell facilities or wireless support structures that are unused for a period of three hundred sixty-five days without the operator otherwise notifying the municipal corporation and receiving the municipal corporation's approval. (B) "Antenna" means communications equipment that transmits or receives radio frequency signals in the provision of wireless service. (C) "Cable o...

...s 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, including the ...

...(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...

...4939.0314 of the Revised Code and approval of an application under this section, an operator may, as a permitted use not subject to zoning review or approval, collocate a small cell facility and construct, maintain, modify, operate, or replace wireless support structures in, along, across, upon, and under the public way. An operator shall comply with generally applicable standards that are consistent with this chapte...

...39.03 or 4939.031 of the Revised Code shall include the name of the person who owns or will own the small cell facility or wireless support structure for which consent is requested. A permit or other record of consent issued by a municipal corporation 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 faci...

... section 4939.031 of the Revised Code shall request, pursuant to and in accordance with the requirements of section 4939.03 of the Revised Code, municipal corporation consent to collocate a small cell facility and construct, maintain, modify, operate, or replace wireless support structures in, along, across, upon, and under a public way.

...ed 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 difficulty processing applications within the time limits set forth in...

...hing 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.

... 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.

...Any operator who owns or operates small cell facilities 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,...

...(A) Consent of a municipal corporation shall not be required for either of the 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 faci...

...(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...

...With respect to the provision of any small cell facility or the associated 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...

...With respect to the placement of any small cell facility 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 spac...

...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.

...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...

...A municipal corporation's approval term of an attachment to a wireless support structure shall be for a period of not less than ten years, with presumption of renewal for successive five-year terms, subject to terms providing for early termination or nonrenewal for cause or by mutual agreement and unless otherwise agreed to by both the operator and the municipal corporation, except for generally applied permitting t...

...(A) A municipal corporation shall permit, consistent with this chapter and for the purpose of providing wireless service, a collocation of a small cell facility by an operator to a wireless support structure owned by the municipal 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...

...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.

...lity pole or wireless support 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.

...(A)(1) 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 pu...

...(A) A municipal corporation shall not require any nonmonetary compensation or free service, or levy any tax, for the right or privilege to occupy or use a public way, and shall not levy a public way fee except in accordance with this section. (B)(1) A municipal corporation may levy different public way fees based upon the amount of public ways occupied or used, the type of utility service provided by a public utilit...