Effective: May 17, 2021
Latest Legislation: House Bill 2 - 134th General Assembly
(A) If, pursuant to a complaint filed under section 4926.39 of the Revised Code, a court of common pleas determines that any rate, term, or condition described in the complaint is not just and reasonable, it may do, but is not limited to doing, any of the following:
(1) Terminate the rate, term, or condition and prescribe a just and reasonable rate, term, or condition;
(2) Require entry into a pole attachment agreement on just and reasonable rates, terms, and conditions;
(3) Require access to poles as provided under sections 4926.06 to 4926.36 of the Revised Code;
(4) Substitute in the pole attachment agreement the just and reasonable rate, term, or condition established by the court;
(5) Order a refund or payment, as appropriate.
(B) A refund or payment ordered under this section may not exceed the difference between the actual amount paid under the unjust and unreasonable rate, term, or condition and the amount that would have been paid under the rate, term, or condition established by the court for the period described in the complaint, provided that the period during which refunds or payments are made does not exceed two years.
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.