Effective: October 5, 2000
Latest Legislation: Senate Bill 67 - 123rd General Assembly
(A) A political subdivision subject to division (A), (B), or (C) of section 1332.04 or division (C) of section 1332.05 of the Revised Code may bring a civil action for declaratory relief in the court of common pleas in the county in which the political subdivision is located or in any county of this state in which the political subdivision is a public cable service provider.
(B) A person that is or is likely to be adversely affected by a violation of division (A), (B), or (C) of section 1332.04 or division (C) of section 1332.05 of the Revised Code may bring a civil action for declaratory or injunctive relief in such a court of common pleas. Such person that is or is likely to be adversely affected includes a person that provides, or has filed a pending application to provide, within the jurisdiction of the political subdivision, cable service over a cable system, and includes any other political subdivision in which such allegedly noncomplying political subdivision is, or has filed a pending application to become, a public cable service provider.
(C)(1) If an arbitration opinion under section 1332.08 of the Revised Code contains a finding of a violation by a political subdivision of division (A), (B), or (C) of section 1332.04 or division (C) of section 1332.05 of the Revised Code and the political subdivision fails to rectify the violation promptly, and any person adversely affected by the violation substantially prevails in a subsequent civil action against the political subdivision under division (B) of this section regarding the violation not promptly rectified, the political subdivision is liable to the person for the person's costs and reasonable attorney's fees incurred in connection with the civil action.
(2) If an arbitration opinion under section 1332.08 of the Revised Code does not contain a finding of a violation by a political subdivision of division (A), (B), or (C) of section 1332.04 or division (C) of section 1332.05 of the Revised Code and the political subdivision substantially prevails in a subsequent civil action brought against it under division (B) of this section respecting an alleged violation, the complainants in the civil action are liable to the political subdivision for its costs and reasonable attorney's fees incurred in connection with the civil action.
(3) The court shall exercise its equitable discretion in determining the appropriate amount of attorney's fees to be awarded under division (C)(1) or (2) of this section. In exercising that discretion, the court shall consider at least all of the following: the degree to which the party partially prevailed, the reasonableness of the party's action, the reasonableness of the arbitrator's decision, the effort or lack of effort of the parties to reach a settlement, and the good faith or lack of good faith of the parties.
Structure Ohio Revised Code
Title 13 | Commercial Transactions
Chapter 1332 | Fair Competition in Cable Operations
Section 1332.01 | Fair Competition in Cable Operations Definitions.
Section 1332.02 | Fair Competition in Cable Service Operations.
Section 1332.03 | No Determination as to Public Utility Status of Cable Service Operation.
Section 1332.04 | Prohibitions.
Section 1332.05 | Legislation Expending Public Moneys for Cable Service.
Section 1332.06 | Special Fund for Cable System - Annual Report.
Section 1332.07 | Effect of Violation by Political Subdivision.
Section 1332.08 | Arbitration of Disputes - Procedure.
Section 1332.09 | Actions for Declaratory or Injunctive Relief - Findings of Arbitration Opinion.
Section 1332.10 | Right of Action, Remedy or Penalty Is in Addition to Others.
Section 1332.21 | Video Service Definitions.
Section 1332.22 | Legislative Findings Regarding Video Service.
Section 1332.23 | Video Service Authorization - Video Service as Cable Service.
Section 1332.24 | Issuance of Video Service Authorization - Violations - Civil Penalties.
Section 1332.25 | Application for Video Service Authorization.
Section 1332.26 | Political Subdivision Authority - Complaints - Standards.
Section 1332.27 | Advance Notice of Service - Transfer - Termination.
Section 1332.28 | Racial or Income Discrimination Prohibited.
Section 1332.29 | Household Service Percentage Requirements - Waiver.
Section 1332.30 | Public, Educational, or Governmental Programming Channels.
Section 1332.31 | Emergency Interrupt Service Announcements.
Section 1332.32 | Payment of Video Service Provider Fees.