Ohio Revised Code Search

...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 service. "M...

...riminatory access to the cooperative's poles under just and reasonable rates, terms, and conditions for their attachments in accordance with sections 4926.06 to 4926.36 of the Revised Code.

...ng 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.

...provider to execute an agreement for a pole attachment under nondiscriminatory, just, and reasonable rates, terms, and conditions 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.

...After receiving a request for access, an electric cooperative shall grant or deny access within the time frame established by the federal communications commission, 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.

...tive 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.

...If an electric cooperative denies an access request submitted under section 4926.15 of the Revised Code, the cooperative must confirm the denial in writing. The denial shall be specific and shall include all 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...

...y 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 form...

...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...

...vice that uses smart grid or other technology, 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.

...rovider 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.

...Subject 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.

...ure, 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 only...

...926.57 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, term...

...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.

...In a complaint filed under section 4926.39 of the Revised Code, if an 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.

...ebuttable presumption that each of the following is just and reasonable: (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)...

...ut is not limited to doing, any of the following: (1) Terminate the rate, term, or condition and prescribe a just and reasonable 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 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.

...cy of which a member of the utility radiological safety board is an officer. (C) "Nuclear electric facility" means any facility operated by a nuclear electric utility using nuclear energy to produce electricity and any facility for the storage of spent nuclear fuel arising from such production. (D) "Nuclear electric facility incident" means any hazard within the state which is associated with a nuclear electric f...

...There is hereby created the utility radiological safety board composed of the chairperson of the public utilities commission, the director of environmental protection, the director of health, the director of agriculture, the executive director of the emergency management agency, and the director of commerce, or their designees each of whom shall be an employee of the member agency of the board member for whom the per...

...(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...