Effective: May 17, 2021 Latest Legislation: House Bill 2 – 134th General Assembly As used in sections 4926.01 to 4926.60 of the Revised Code: “Attachment” means any wire, wireless facility, cable, antennae facility, or apparatus for the transmission of text, signs, signals, pictures, sounds, or other forms of information installed by or on behalf of […]
Effective: May 17, 2021 Latest Legislation: House Bill 2 – 134th General Assembly On the request of a provider, an electric cooperative shall grant the provider nondiscriminatory 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. Last […]
Effective: May 17, 2021 Latest Legislation: House Bill 2 – 134th General Assembly A provider requesting 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. Last updated June 9, 2021 at 2:06 PM
Effective: May 17, 2021 Latest Legislation: House Bill 2 – 134th General Assembly An electric cooperative may require a 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 […]
Effective: May 17, 2021 Latest Legislation: House Bill 2 – 134th General Assembly 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 […]
Effective: May 17, 2021 Latest Legislation: House Bill 2 – 134th General Assembly An electric cooperative 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. Last updated June 9, 2021 […]
Effective: May 17, 2021 Latest Legislation: House Bill 2 – 134th General Assembly 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 […]
Effective: May 17, 2021 Latest Legislation: House Bill 2 – 134th General Assembly (A) A provider and an electric cooperative shall comply with the process for make-ready work under 47 U.S.C. 224 and the federal communications commission orders and regulations implementing that section, unless, pursuant to section 4926.57 of the Revised Code, a court of […]
Effective: May 17, 2021 Latest Legislation: House Bill 2 – 134th General Assembly 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 […]
Effective: May 17, 2021 Latest Legislation: House Bill 2 – 134th General Assembly 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. Last updated June 9, 2021 at 2:08 PM
Effective: May 17, 2021 Latest Legislation: House Bill 2 – 134th General Assembly 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. Last […]
Effective: May 17, 2021 Latest Legislation: House Bill 2 – 134th General Assembly (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) […]
Effective: May 17, 2021 Latest Legislation: House Bill 2 – 134th General Assembly 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 […]
Effective: May 17, 2021 Latest Legislation: House Bill 2 – 134th General Assembly 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 […]
Effective: May 17, 2021 Latest Legislation: House Bill 2 – 134th General Assembly 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 […]
Effective: May 17, 2021 Latest Legislation: House Bill 2 – 134th General Assembly 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 […]
Effective: May 17, 2021 Latest Legislation: House Bill 2 – 134th General Assembly 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 […]
Effective: May 17, 2021 Latest Legislation: House Bill 2 – 134th General Assembly (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 […]
Effective: May 17, 2021 Latest Legislation: House Bill 2 – 134th General Assembly 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. […]
Effective: May 17, 2021 Latest Legislation: House Bill 2 – 134th General Assembly 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 […]
