Effective: July 2, 2002
Latest Legislation: Senate Bill 255 - 124th General Assembly
(A)(1) A municipal corporation shall provide public utilities or cable operators with open, comparable, nondiscriminatory, and competitively neutral access to its public ways.
(2) Nothing in division (A)(1) of this section prohibits a municipal corporation from establishing priorities for access to or occupancy or use of a public way by a public utility or cable operator when the public way cannot accommodate all public way occupants or users, which priorities as applied to public utilities or cable operators shall not be unduly discriminatory and shall be competitively neutral.
(B) The management, regulation, and administration of a public way by a municipal corporation with regard to matters of local concern shall be presumed to be a valid exercise of the power of local self-government granted by Section 3 of Article XVIII of the Ohio Constitution.
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.