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 cause or by mutual agreement and unless otherwise agreed to by both the operator and the municipal corporation, except for generally applied permitting to safeguard the public health, safety, and welfare. An operator may remove its small cell facilities at any time subject to applicable work permit requirements and may stop paying annual charges or fees under division (B) of section 4939.0322 of the Revised Code.
Structure Ohio Revised Code
Chapter 4939 | Use of Municipal Public Way
Section 4939.01 | Municipal Public Way Definitions.
Section 4939.02 | State Policy.
Section 4939.03 | Prohibited Conduct Concerning Public Ways.
Section 4939.032 | Applications for Requests for Consent.
Section 4939.033 | Request for Consent to Collocate.
Section 4939.036 | Tolling of Time Period for Consent.
Section 4939.037 | Applicability of Regulations.
Section 4939.038 | Eligible Facilities Request.
Section 4939.039 | Indemnification for Municipalities and Officials.
Section 4939.0311 | Consent Not Required.
Section 4939.0312 | Consolidated Requests.
Section 4939.0313 | Restrictions on Municipal Authority.
Section 4939.0315 | Moratorium Prohibited.
Section 4939.0317 | Duration of Approval Term.
Section 4939.0322 | Collocation of Wireless Support Structure; Reimbursement Charges.
Section 4939.0323 | Exclusive Agreements.
Section 4939.05 | Levy of Public Way Fees by Municipal Corporation.
Section 4939.06 | Appeal of Levy of Public Way Fee.
Section 4939.07 | Application to Recover Fees and Costs.
Section 4939.08 | Relocation of Facilities.
Section 4939.09 | Exceptions for Prior Franchises or Agreements.