Ohio Revised Code Search

...ny other equitable relief for an action described in section 188.05 of the Revised Code.

...Actions described in section 188.05 of the Revised Code shall be brought within one year of any alleged damage described in that section. Any action not brought within one year will result in forfeiture of that claim.

... current, or future revenues or profits derived or to be derived from the use, apportionment, or sublease of an easement for broadband service are not admissible for any purpose in an action described in section 188.05 of the Revised Code.

...Any court determination regarding an easement subject to an action described in section 188.05 of the Revised Code shall be considered a finding that the provision of broadband service is an allowable use or purpose under the easement as if the use or purpose was specifically stated in the terms of the easement.

...A court determination described in section 188.17 of the Revised Code shall be filed by the defendant in the action with the county recorder of the county in which the servient estate subject to the determination is located. The recorder shall make a notation in the official record that links the determination to the servient estate and the easement subject to the determination.

...r through the owner's membership in the electric cooperative or otherwise, authorized the electric cooperative's electric delivery system for the provision of broadband services. (B) The owner, or any of the previous owners of the property that makes up the servient estate, has agreed to, or granted permission for, the use of the easement to provide broadband service. (C) The facilities providing broadband servic...

...tions 188.01 to 188.23 of the Revised Code shall not be construed as expanding the authority of the state, its agencies, or political subdivisions beyond the authority existing under federal law or the laws of this state.

...tions 163.01 to 163.22 of the Revised Code do not apply regarding the application of sections 188.01 to 188.23 of the Revised Code.

...ng broadband service" means a retail wireline broadband service that is capable of delivering symmetrical internet access at download and upload speeds of at least one hundred megabits per second with a latency level sufficient to permit real-time, interactive applications. (I) "Undergrounding" means the placement of broadband infrastructure underground, including by directly burying the infrastructure or through ...

...ing program within the department of development to advance the provision of qualifying broadband service access to residences and businesses in an unserved area by reimbursing certain costs of pole replacements, mid-span pole installations, and undergrounding. The department shall administer and provide staff assistance for the program. The department shall be responsible for receiving and reviewing program appli...

...(A) The department of development shall establish an administrative process to award program reimbursements under the Ohio broadband pole replacement and undergrounding program according to the provisions of sections 191.03 to 191.45 of the Revised Code. (B) The broadband expansion program authority shall award program reimbursements after reviewing program applications and determining whether the applications mee...

...rea after determining the area to be an eligible unserved area under that program. (B) The area has not been awarded any broadband grant funding, and the most recent mapping information published by the federal communications commission indicates that the area is an unserved area.

...rogram reimbursements to an applicant under the Ohio broadband pole replacement and undergrounding program, if any of the following apply: (1) The broadband infrastructure deployed is used only for the provision of wholesale broadband service and is not used by the applicant to provide qualifying broadband service directly to residences or businesses. (2) A provider, other than the applicant, is meeting the ter...

...form prescribed by the department of development.

...grounding program, the department of development shall develop and publish an application form for the program and post the form on the department web site. (B) An application shall include the following information: (1) The number, cost, and locations of pole replacements, mid-span pole installations, and undergrounding for which reimbursement is requested; (2) Documentation sufficient to establish that the...

...onable request, to the department of development or to a party subject to the rates and charges described in division (B)(3) of this section, accounting documentation sufficient to demonstrate compliance with division (B)(3) of this section; (b) Division (B)(4)(a) of this section does not apply to an electric distribution utility as defined in section 4928.01 of the Revised Code, unless the electric distribution u...

...ation forwarded by the department of development, the broadband expansion program authority shall award program reimbursements to the applicant for costs described in divisions (A) and (B) of section 191.21 of the Revised Code after reviewing the application, and establishing the applicant's eligibility for reimbursement under the Ohio broadband pole replacement and undergrounding program. (B) For pole replacement...

...(A) The department of development, at the direction of the broadband expansion program authority, shall issue program reimbursements awarded for applications approved under the Ohio broadband pole replacement and undergrounding program. The reimbursements shall be made using money available for this purpose in the broadband pole replacement fund created in section 191.27 of the Revised Code. The authority shall award...

...unding program, the following costs are eligible for reimbursement under the program: (A) Actual and reasonable costs to perform a pole replacement or mid-span pole installation, including the amount of any expenditures to remove and dispose of an existing utility pole, purchase and install a replacement utility pole, and transfer any existing facilities to the new pole; (B) Actual and reasonable undergrounding...

... installation costs. Such costs are not eligible for reimbursement under the program.

...d shall be used by the department of development to provide reimbursements awarded under the Ohio broadband pole replacement and undergrounding program and by the director of development to administer the program.

...(A) The department of development shall direct an applicant that has been awarded a program reimbursement under the Ohio broadband pole replacement and undergrounding program to refund, with interest, all or any portion of the reimbursements the applicant received under the program, if the department finds, upon substantial evidence and after notice and the opportunity to respond, that the applicant materially violat...

... the Revised Code, the department of development shall publish and regularly update on its web site the following program information: (A) The number of program applications received, processed, and rejected by the broadband expansion program authority; (B) The number, reimbursement amount, and status of program reimbursements awarded by the authority; (C) The number of providers receiving reimbursements; ...

...gram authority and the department of development for compliance with the requirements of sections 191.02 to 191.45 of the Revised Code.

...ll be published on the department of development web site.