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 a case involving a denial of access, the electric cooperative has the burden of establishing, by a preponderance of the evidence, that the denial was lawful, once a prima facie case is established by the complainant.
Last updated June 9, 2021 at 2:11 PM
Structure Ohio Revised Code
Chapter 4926 | Electric Cooperative Pole Attachments
Section 4926.01 | Definitions.
Section 4926.03 | Electric Cooperative Permit Pole Attachment.
Section 4926.06 | Submission and Review of Pole Attachment Request.
Section 4926.09 | Pole Attachment Agreement.
Section 4926.12 | Time for Granting or Denying Request.
Section 4926.15 | Reasons for Request Denial.
Section 4926.18 | Denial Requirements.
Section 4926.21 | Make Ready Work Compliance and Costs; Annual Recurring Pole Attachment Fee.
Section 4926.24 | Pole Attachment Requirements and Standards.
Section 4926.27 | Compliance With Public Right-of-Way Requirements.
Section 4926.30 | Direct Benefit From Modification of Pole Facilities.
Section 4926.33 | Cost Sharing for Modifications of Pole Facilities.
Section 4926.36 | Rearrangement or Replacement of Preexisting Pole Attachment Cost Limitations.
Section 4926.39 | Common Please Court in Which Complaints Filed.
Section 4926.42 | Jurisdiction Over Pole Attachment Complaints.
Section 4926.43 | Venue Requirements.
Section 4926.45 | Evidentiary Requirements for Complaint.
Section 4926.48 | Burden of Proof Regarding Rate, Term, or Condition or Denial of Access.
Section 4926.51 | Burden of Proof Regarding Incremental Cost Claim.
Section 4926.54 | Rebuttable Presumptions.
Section 4926.57 | Remedies Available to Court.
Section 4926.60 | Court Determination Is Final and Appealable.