Effective: August 1, 2018 Latest Legislation: House Bill 478 – 132nd General Assembly As used in sections 4939.01 to 4939.09 of the Revised Code: (A) “Abandoned” means any small cell facilities or wireless support structures that are unused for a period of three hundred sixty-five days without the operator otherwise notifying the municipal corporation and […]
Effective: August 1, 2018 Latest Legislation: House Bill 478 – 132nd General Assembly (A) It is the public policy of this state to do all of the following: (1) Promote the public health, safety, and welfare regarding access to and the occupancy or use of public ways, to protect public and private property, and to […]
Effective: August 1, 2018 Latest Legislation: House Bill 478 – 132nd General Assembly (A) No person shall occupy or use a public way except in accordance with law. (B) In occupying or using a public way, no person shall unreasonably compromise the public health, safety, and welfare. (C)(1) No person shall occupy or use a […]
Effective: August 1, 2018 Latest Legislation: House Bill 478 – 132nd General Assembly (A) Subject to section 4939.0314 of the Revised Code and approval of an application under this section, an operator may, as a permitted use not subject to zoning review or approval, collocate a small cell facility and construct, maintain, modify, operate, or […]
Effective: August 1, 2018 Latest Legislation: House Bill 478 – 132nd General Assembly (A) Consent of a municipal corporation shall not be required for either of the following activities conducted in the public way: (1) Routine maintenance of wireless facilities; (2) The replacement of wireless facilities with wireless facilities that are consistent with the municipal […]
Effective: August 1, 2018 Latest Legislation: House Bill 478 – 132nd General Assembly (A) A municipal corporation shall permit a person seeking to construct, modify, collocate, or replace more than one small cell facility or more than one wireless support structure within the jurisdiction of a single municipal corporation to file, at the person’s discretion, […]
Effective: August 1, 2018 Latest Legislation: House Bill 478 – 132nd General Assembly With respect to the provision of any small cell facility or the associated wireless support structure in a public way, a municipal corporation shall not do any of the following: (A) Require a person to submit information about, or evaluate a person’s […]
Effective: August 1, 2018 Latest Legislation: House Bill 478 – 132nd General Assembly With respect to the placement of any small cell facility or wireless support structure in a public way, a municipal corporation may do any of the following: (A) Reserve space for future public safety or transportation uses in the public way or […]
Effective: August 1, 2018 Latest Legislation: House Bill 478 – 132nd General Assembly No municipal corporation may institute a moratorium on the filing, acceptance of filings, consideration, or approval of requests for consent described in section 4939.031 of the Revised Code.
Effective: August 1, 2018 Latest Legislation: House Bill 478 – 132nd General Assembly Any fee charged by a municipal corporation under section 4939.031 of the Revised Code for granting or processing an application for consent shall not exceed a one-time fee of two hundred fifty dollars per small cell facility. Beginning on the effective date […]
Effective: August 1, 2018 Latest Legislation: House Bill 478 – 132nd General Assembly A municipal corporation’s 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 […]
Effective: August 1, 2018 Latest Legislation: House Bill 478 – 132nd General Assembly Applications for requests for consent pursuant to section 4939.03 or 4939.031 of the Revised Code shall include the name of the person who owns or will own the small cell facility or wireless support structure for which consent is requested. A permit […]
Effective: August 1, 2018 Latest Legislation: House Bill 478 – 132nd General Assembly (A) A municipal corporation shall permit, consistent with this chapter 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 […]
Effective: August 1, 2018 Latest Legislation: House Bill 478 – 132nd General Assembly A municipal corporation shall not enter into an exclusive arrangement with any entity for the right to attach to the municipal corporation’s wireless support structures.
Effective: August 1, 2018 Latest Legislation: House Bill 478 – 132nd General Assembly A person may construct, modify, or maintain a utility pole or wireless support structure along, across, and under a public way in excess of the size limits, to the extent permitted by the municipal corporation’s applicable regulations.
Effective: August 1, 2018 Latest Legislation: House Bill 478 – 132nd General Assembly A person who is not an operator under section 4939.031 of the Revised Code shall request, pursuant to and in accordance with the requirements of section 4939.03 of the Revised Code, municipal corporation consent to collocate a small cell facility and construct, […]
Effective: August 1, 2018 Latest Legislation: House Bill 478 – 132nd General Assembly (A) The time period required in section 4939.031 of the Revised Code may be tolled only: (1) By mutual agreement between the entity requesting consent and the municipal corporation; (2) In cases where the municipal corporation determines that the application is incomplete; […]
Effective: August 1, 2018 Latest Legislation: House Bill 478 – 132nd General Assembly Nothing in this chapter precludes a municipal corporation from applying its generally applicable health, safety, and welfare regulations when granting consent for a small cell facility or wireless support structure.
Effective: August 1, 2018 Latest Legislation: House Bill 478 – 132nd General Assembly Notwithstanding sections 4939.031 to 4939.037 of the Revised Code, a municipal corporation shall approve within sixty days, and may not deny, an eligible facilities request under 47 C.F.R. 1.40001.
Effective: August 1, 2018 Latest Legislation: House Bill 478 – 132nd General Assembly Any operator who owns or operates small cell facilities or wireless support structures in the public way shall indemnify, protect, defend, and hold the municipal corporation and its elected officials, officers, employees, agents, and volunteers harmless against any and all claims, lawsuits, […]
