Ohio Revised Code Search

... As used in sections 188.01 to 188.23 of the Revised Code: (A) "Broadband service" means any wholesale or retail service that consists of, or includes the provision of, connectivity to a high-speed, high-capacity transmission medium that can carry signals from or to multiple sources and that either provides access to the internet or provides computer processing, information storage, information content or protocol ...

... An easement granted to an electric cooperative for purposes of transmitting, delivering, or otherwise providing electric power may be used, apportioned, or subleased to provide broadband service and such use, apportionment, or sublease shall not be considered an additional burden on the servient estate.

... (A) If the owner of the servient estate of an easement described in section 188.02 of the Revised Code brings an action regarding the use, apportionment, or sublease of the easement for broadband service, the court may award damages to the owner equal to not more than the difference between the following: (1) The fair market value of the owner's interest in the property of the estate immediately before the provisi...

... The court may not grant injunctive relief or any 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.

... Past, 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.

... The owner of a servient estate of an easement described in section 188.02 of the Revised Code may not bring an action described in section 188.05 of the Revised Code if any of the following apply: (A) The owner, either directly or 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...

... Sections 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.

... Sections 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.

... The local government innovation fund is hereby created in the state treasury. The fund shall consist of moneys appropriated to it, repayments of principal and interest on loans made from the fund, and any grants or donations received from nonpublic entities. Interest earned on the money in the fund shall be credited to the fund.

... As used in sections 191.01 to 191.45 of the Revised Code: (A) "Affiliate" means a person or entity under common ownership or control with, or a participant in a joint venture, partnership, consortium, or similar business arrangement with, another person or entity pertaining to the provision of broadband service. (B) "Broadband expansion program authority" means the entity created under section 122.403 of the R...

... There is hereby established the Ohio broadband pole replacement and undergrounding 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 progra...

... (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 me...

... For the purposes of an application under the Ohio broadband pole replacement and undergrounding program, an area of the state shall be considered to be an unserved area, if one of the following applies: (A) Under a program to deploy broadband service to unserved areas, a governmental entity has awarded a broadband grant for the area after determining the area to be an eligible unserved area under that program. ...

... (A) The broadband expansion program authority shall not award program 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....

... In accordance with sections 191.10 to 191.45 of the Revised Code, a provider may submit an application for a program reimbursement under the Ohio broadband pole replacement and undergrounding program, if the provider has deployed qualifying broadband infrastructure in an unserved area and has paid any of the following costs in connection with the deployment of such broadband infrastructure: (A) Pole replacement c...

... (A) Not later than sixty days after the pole replacement fund created in section 191.27 of the Revised Code receives funds for the purpose of providing program reimbursements under the Ohio broadband pole replacement and undergrounding 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 ...

... (A) Before receiving a program reimbursement under the Ohio broadband pole replacement and undergrounding program, each applicant shall agree to do the following: (1) Not later than ninety days after receipt of a program reimbursement, activate qualifying broadband service to end users utilizing the broadband infrastructure for which the applicant has received reimbursement for pole replacement, mid-span pole ins...

... (A) Not later than sixty days after receiving an application 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...

... (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 awar...

... If the broadband expansion program authority approves an application under the Ohio broadband pole replacement and undergrounding 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...

... A pole owner that provides information and documentation to a provider to enable the provider to submit an application to the Ohio broadband pole replacement and undergrounding program may require the provider to reimburse the owner for the owner's actual and reasonable administrative expenses, the total of which shall not exceed five per cent of the pole replacement or mid-span pole installation costs. Such costs a...

... There is hereby created in the state treasury the broadband pole replacement fund consisting of money credited or transferred to the fund, money appropriated by the general assembly, including from available federal funds, or money authorized for expenditure by the state controlling board under section 131.35 of the Revised Code from available federal funds, and grants, gifts, and contributions made directly to the ...