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 by the federal communications commission;
(B) The process for make-ready work, if it is in accordance with the process for make-ready work under 47 U.S.C. 224 and the federal communications commission orders and regulations implementing that section;
(C) The charged rate, if the electric cooperative can show that its charged rate does not exceed an annual recurring attachment rate calculated in accordance with the cable pole attachment rate formula in 47 U.S.C. 224(d) and federal communications commission orders and regulations implementing that formula.
Last updated June 9, 2021 at 2:12 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.