Ohio Revised Code
Chapter 4939 | Use of Municipal Public Way
Section 4939.039 | Indemnification for Municipalities and Officials.

Effective: August 1, 2018
Latest Legislation: House Bill 478 - 132nd General Assembly
Any operator who owns or operates small cell facilities or wireless support structures in the public way shall indemnify, protect, defend, and hold the municipal corporation and its elected officials, officers, employees, agents, and volunteers harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees to include reasonable attorney fees and costs of defense, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including personal or bodily injury or death, property damage or other harm for which recovery of damages is sought, to the extent that it is caused by the negligence of the operator who owns or operates small cell facilities and wireless service in the public way, any agent, officer, director, representative, employee, affiliate, or subcontractor of the operator, or their respective officers, agents, employees, directors, or representatives while installing, repairing, or maintaining facilities in a public way.

Structure Ohio Revised Code

Ohio Revised Code

Title 49 | Public Utilities

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 4939.031 | Small Cell Facilities and Wireless Support Structures; Requests for Consent From Micro Wireless Facilities.

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 4939.0314 | Powers of Municipality Regarding Placement of Small Cell Facilities or Wireless Support Structures.

Section 4939.0315 | Moratorium Prohibited.

Section 4939.0316 | Fees.

Section 4939.0317 | Duration of Approval Term.

Section 4939.0322 | Collocation of Wireless Support Structure; Reimbursement Charges.

Section 4939.0323 | Exclusive Agreements.

Section 4939.0329 | Construction, Modification, or Maintenance of Oversized Pole or Wireless Support Structure Under Public Way.

Section 4939.04 | Management, Regulation, and Administration of Public Ways by Municipal Corporations.

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.