Ohio Revised Code Search

...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.

...ecessary 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...

...Unless a modification by an electric cooperative is necessary for an electric service 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.

...Subject to the venue requirements of section 4926.43 of the Revised Code, an electric 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.

...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.

...A hearing regarding a complaint filed under section 4926.39 of the Revised Code is a special statutory proceeding under division (C) of Civil Rule 1 of the Rules of Civil Procedure. Any civil proceeding under section 4926.39 of the Revised Code shall be conducted in accordance with the Rules of Civil Procedure, except that a complaint regarding pole attachment disputes with respect to sections 4926.01 to 4926.60 of t...

...Before a court of common pleas may order any remedy under section 4926.57 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 ...

...(A) The complainant under section 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...

...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.

...In a complaint filed under section 4926.39 of the Revised Code, there is a rebuttable 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 commu...

...(A) If, pursuant to a complaint filed under section 4926.39 of the Revised Code, a court of common pleas determines that any rate, term, or condition described in the complaint is not just and reasonable, it may do, but 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 agr...

...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.

...rea is changed with the approval of the public utilities commission; (b) Consists of all of the following services: (i) Local dial tone service; (ii) For residential end users, flat-rate telephone exchange service; (iii) Touch tone dialing service; (iv) Access to and usage of 9-1-1 services, where such services are available; (v) Access to operator services and directory assistance; (vi) Provision of a ...

... telecommunications services. (B) The public utilities commission shall consider the policy set forth in this section in carrying out this chapter.

...ercise authority under 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 comm...

...The public utilities commission has such power and jurisdiction as is reasonably necessary for it to perform the obligations authorized by or delegated to it under federal law, including federal regulations, which obligations include performing the acts of a state commission as defined in the "Communications Act of 1934," 48 Stat. 1064, 47 U.S.C. 153, as amended, and include, but are not limited to, carrying ou...

... first obtaining a certificate from the public utilities commission, and no wireless service provider shall operate in this state without first being registered with the commission. A telephone company not holding such a certificate on the effective date of this section, or a wireless service provider not so registered on that date, shall file, respectively, a certification application or registration with th...

...aterial exclusions or limitations. The public utilities commission may prescribe, by rule, a commission review process to determine when disclosing such information is not practicable, and therefore nondisclosure does not result in an unfair or deceptive act or practice. (2) Any written service solicitation, marketing material, offer, contract, or agreement, as well as any written response from the company to...

... 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 notice to the commission, to its wholesale and retail customers, and to any telephone company wholesale p...

...pplicable 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 exchange service shall be installed within five business days of the receipt by a telephone company of a completed applicat...

...Every telephone company providing telephone exchange service shall maintain 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.

...undred twenty days' prior notice to the public utilities commission and to its affected customers of the withdrawal or abandonment; (2) The requirements contained in division (A) of section 4927.11 of the Revised Code. (B) If a residential customer to whom notice has been given under this section will be unable to obtain reasonable and comparatively priced voice service upon the carrier's withdrawal or abandonment ...

...(A) Section 4927.10 of the Revised Code and the amendments to sections 4927.01, 4927.02, 4927.07, and 4927.11 of the Revised Code made by H.B. 64 of the 131st general assembly shall not affect any of the following: (1) Any contractual obligation, 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; ...