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Section 4939.0314 | Powers of municipality regarding placement of small cell facilities or wireless support structures.

... for bonds, escrow deposits, letters of credit, or any other type of financial surety to ensure removal of abandoned or unused wireless facilities or damage to municipal property caused by an operator or its agent.

Section 4939.0315 | [Former R.C. 4939.0317, renumbered by H.B. 478, 132nd General Assembly, effective 8/1/2018] Moratorium prohibited.

...ration, or approval of requests 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.

...ay be applied incrementally or as a single adjustment.

Section 4939.0317 | Duration of approval term.

...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 to safeguard the public heal...

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.

...er 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 terms and conditions for such collocations adopted by the municipal...

Section 4939.0323 | [Former R.C. 4939.0327, renumbered by H.B. 478, 132nd General Assembly, effective 8/1/2018] Exclusive agreements.

...tach 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.

...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.

...lic 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 way occupants or users, which priorities as...

Section 4939.05 | Levy of public way fees by municipal corporation.

...vices provided by the cable operator, a credit, offset, or deduction against any public way fee or like charge for all such payments and the retail value of the free service or other nonmonetary compensation. (C) Public way fees levied by a municipal corporation shall be based only on costs that the municipal corporation both has actually incurred and can clearly demonstrate are or can be properly allocated and assi...

Section 4939.06 | Appeal of levy of public way fee.

...omplaint 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 provisions ...

Section 4939.07 | Application to recover fees and costs.

...ng jurisdiction of the commission may file an application with the commission for, and the commission shall then authorize by order, timely and full recovery of a public way fee levied upon and payable by the public utility both after January 1, 2002, and after the test year of the public utility's most recent rate proceeding or the initial effective date of rates in effect but not established through a proceeding fo...

Section 4939.08 | Relocation of facilities.

...h 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.

...pays the applicable fee or utilizes the credit, offset, or deduction specified in division (B)(4) of section 4939.05 of the Revised Code. (B)(1) Except as otherwise provided in division (A) of section 4939.06 of the Revised Code, nothing in sections 4939.01 to 4939.08 of the Revised Code applies to an ordinance both governing public ways and enacted by a municipal corporation prior to September 29, 1999, unless, on ...

Section 4959.01 | Waterways must be provided.

...ation of the railroad to some proper outlet.

Section 4959.02 | Fences.

...this section, the landowner is responsible for the labor necessary to construct, replace, or repair the fence. Any fence constructed, replaced, or repaired under this section shall be the same as or comparable to existing fence on the property. (B) In determining what remedy to order under division (A) of this section, the commission shall consider all of the following: (1) The volume of train traffic; (2) Train ...

Section 4959.03 | Cattle guards and crossings.

... and on each side of such crossings cattle guards sufficient to prevent domestic animals from going upon such railroad. Such company or person shall be liable for all damages sustained in person or property by reason of the want or insufficiency of such fence, crossing, or cattle guard, or neglect or carelessness in the construction or keeping in repair of such fence, crossing, or cattle guard.

Section 4959.04 | Temporary crossings.

...ng its construction shall provide suitable crossings for the owner or occupant of each farm, make and keep in repair fences along the line of the railroad through the enclosed fields, and protect crops growing thereon. When the company or person agrees with the owner of the lands through which a railroad passes that the owner is to build and keep in repair any portion of the fencing, and if such fencing is destroyed ...

Section 4959.07 | Exception.

...far as the fence has been or may be settled or paid for. Those sections do not affect, in any manner, any contract or agreement between a railroad company, or person having the control and management of a railroad, and the proprietors or occupants of lands adjoining for the construction or maintenance of fences and cattle guards.

Section 4959.08 | Company may build fence at landowner's expense.

...s legally bound to build or repair the fence dividing his lands from the lands of the company, fails to build or repair such fence within the time in which he is bound to build or repair it, the company may build or repair such fence and present an itemized account of the cost of labor and materials so expended to such owner for payment. If it is not settled or paid within thirty days, the company may recover from su...

Section 4959.09 | Right to use culvert for cattle way.

...y, or opening, as a stock or cattle way under the track of the railroad so as to permit stock to pass and repass. The landowner shall build and maintain all necessary fences on both sides of the opening, and shall not, by use or otherwise, permit the foundations of structures about such opening to be injured or interfered with.

Section 4959.10 | Forfeitures for not constructing and repairing fences.

... name of the state for the use of the county in which suit is brought.

Section 4959.11 | Destruction of noxious weeds.

... action against such company for the amount of such work, with one hundred per cent penalty and costs of action, to be recovered before any judge or a county court or judge of a municipal court having jurisdiction in the area in which the work was done.

Section 4963.01 | Posting time of arrival of trains.

...id to the treasurer of the township or municipal corporation in which such proceedings are had.

Section 4963.02 | Waiting rooms - toilet rooms.

... such waiting room is located within a municipal corporation within reasonable connecting distance of a water supply and sewerage system, there shall be provided in connection with such waiting room suitable and separate toilet rooms and water closets for the use of male and female persons. Each such toilet room or water closet compartment shall be properly heated, lighted, and ventilated and shall contain sufficient...

Section 4963.03 | Duty of public utilities commission.

... make investigation thereof. If it is found that such violation exists, it shall issue an order to the person, firm, or corporation guilty of such violation setting forth the nature of the improvement required and directing that it be completed within a time to be specified in such order. Any person, firm, or corporation failing to comply with such order or with this section or section 4963.02 of the Revised Code, u...