reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4923 | Motor Carrier Operations › Section 4923.07 | Motor Carrier Reviews.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) The public utilities commission may, through the commission's inspectors or other authorized employees, enter in or upon the premises and motor vehicles of any motor carrier, or any person engaging in the transportation of hazardous material or hazardous waste, to examine any records, documents, or property for the purpose of assessing the safety, performance, and management controls associated with the carrier or person.
(B) The commission may adopt rules to carry out this section that are not incompatible with the requirements of the United States department of transportation.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4923 | Motor Carrier Operations › Section 4923.09 | Cooperation With Other State and Federal Authorities.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
The public utilities commission shall cooperate with and permit the use of the services, records, and facilities of the commission as fully as practicable by appropriate officers of the United States department of transportation, other federal agencies or commissions, and appropriate commissions of other states in the enforcement and administration of state and federal laws relating to highway transportation by motor vehicles. The commission may enter into cooperative agreements with the United States department of transportation and any other federal agency or commission to enforce the safety laws and rules of this state and of the United States concerning highway transportation by motor vehicles. All grants-in-aid, cash, and reimbursements received by the commission pursuant to those cooperative agreements shall be deposited to the credit of the motor carrier safety fund created under section 4921.21 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4923 | Motor Carrier Operations › Section 4923.11 | Rules Regarding Routing of Hazardous Materials.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
The public utilities commission may adopt rules applicable to the highway routing of hazardous materials into, through, or within this state. Rules adopted under this section shall not be incompatible with requirements of the United States department of transportation.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4923 | Motor Carrier Operations › Section 4923.15 | Violations; Procedure.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
Proceedings of the public utilities commission for the assessment of forfeitures for violations of Chapters 4921. and 4923. of the Revised Code are subject to and governed by section 4923.99 of the Revised Code. In all other respects in which the commission has power and authority under Chapters 4921. and 4923. of the Revised Code, applications and complaints may be made and filed with the commission, processes may be issued, hearings may be held, opinions, orders, and decisions may be made and filed, petitions for rehearing may be filed and acted upon, and all proceedings before the supreme court of this state may be considered and disposed of by that court in the manner, under the conditions, subject to the limitations, and with the effect specified in the sections of the Revised Code governing the supervision of public utilities by the commission.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4925 | Transportation Network Companies › Section 4925.01 | Definitions.

Effective:
March 23, 2016
Latest Legislation:
House Bill 237 - 131st General Assembly
As used in this chapter, "transportation network company," "transportation network company driver," "transportation company services," "digital network," and "transportation network company rider" have the same meanings as in section 3942.01 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4925 | Transportation Network Companies › Section 4925.02 | Permits.

Effective:
March 23, 2016
Latest Legislation:
House Bill 237 - 131st General Assembly
(A) The public utilities commission shall issue a transportation network company permit to any entity that does all of the following:
(1) Applies for a permit issued in accordance with rules adopted under this section;
(2) Affirms that the entity will maintain compliance with the applicable requirements established under sections 4925.03 to 4925.08 of the Revised Code and with rules adopted under this section;
(3) Submits along with an application for a permit a permit fee of five thousand dollars.
Any permit issued under this section is effective for one year commencing on the date of issuance.
(B) Nothing in this chapter shall be construed to prohibit the issuance of a transportation network company permit to an entity that is also engaged in providing taxicab services, so long as the entity complies with division (A) of this section, all applicable requirements established under sections 4925.03 to 4925.08 of the Revised Code, and rules adopted by the public utilities commission under division (C) of this section.
(C) The public utilities commission may adopt rules in accordance with Chapter 119. of the Revised Code for purposes of issuing permits to transportation network companies and implementing the requirements of this chapter.
(D) No entity shall operate a transportation network company without a valid permit issued under this section or without complying with rules adopted by the public utilities commission under this section or the applicable requirements of sections 4925.03 to 4925.08 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4925 | Transportation Network Companies › Section 4925.03 | Duties of Company.

Effective:
March 23, 2016
Latest Legislation:
House Bill 237 - 131st General Assembly
A transportation network company shall do all of the following:
(A) Disclose its fare calculation method on its digital network;
(B) Provide transportation network company riders or potential riders with the applicable rates charged by the transportation network company;
(C) Allow a transportation network company rider or potential rider to request and receive an estimated fare before the rider or potential rider receives transportation network company services;
(D) Ensure that for each transportation network company service request one of the following conditions is met:
(1) The transportation network company's digital network provides a photograph of the transportation network company driver and the license plate number of the motor vehicle that will provide the transportation network company service before the transportation network company rider enters the vehicle;
(2) The name of the transportation network company is prominently displayed on the vehicle that will provide the transportation network company service.
(E) Establish a process by which the transportation network company may accept payments for transportation network company services through the company's digital network;
(F) Within a reasonable period of time after the completion of transportation network services, transmit an electronic receipt to the transportation network company rider that includes the origin and destination of the trip, the distance of the trip, the total time during which transportation network company services were provided, an itemization of the total fare charged, and, if applicable, that the rider made a cash payment to the driver;
(G) Designate an agent located within this state who is authorized to receive service of process;
(H) Comply with the requirements established under sections 3942.02 to 3942.04 of the Revised Code;
(I) Comply with any other requirements established by the public utilities commission.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4925 | Transportation Network Companies › Section 4925.05 | Driver Access to Digital Network; Rider Complaints.

Effective:
March 23, 2016
Latest Legislation:
House Bill 237 - 131st General Assembly
(A)(1) A transportation network company shall prohibit any transportation network company driver from logging onto the transportation network company's digital network or providing transportation network company services while under the influence of any amount of alcohol or a drug of abuse. A transportation network company shall notify all drivers of this prohibition and shall provide notice of this policy on the digital network of the transportation network company.
(2) As used in division (A)(1) of this section, "drug of abuse" has the same meaning as in section 4506.01 of the Revised Code. For purposes of this section, "drug of abuse" does not include any drug that was obtained pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs if the drug is taken in accordance with the directions of the health professional and does not impair the ability of the person who took the drug to operate a motor vehicle.
(B) A transportation network company shall establish a procedure by which a rider may report a complaint against a transportation network company driver for a violation of the company's prohibition established under division (A) of this section. The transportation network company shall provide information about the complaint procedure on the digital network of the transportation network company. Upon receiving a complaint alleging a violation of the prohibition established under division (A) of this section, a transportation network company shall immediately suspend the access of the driver accused of the violation to the transportation network company's digital network and shall conduct an investigation into the reported incident.
(C) A transportation network company shall retain all complaints submitted under division (B) of this section, and all records related to the investigation of such a complaint, for a period of two years commencing on the date each complaint was filed.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4925 | Transportation Network Companies › Section 4925.06 | Nondiscrimination Policies.

Effective:
March 23, 2016
Latest Legislation:
House Bill 237 - 131st General Assembly
(A) No transportation network company driver shall fail to comply with the nondiscrimination policy of a transportation network company for which the driver provides transportation network services if such a policy has been established or with any applicable law regarding nondiscrimination or the accommodation of service animals.
(B) No transportation network company shall charge any additional fee for providing transportation network company services to a person with a disability on the basis of the disability.
(C) A transportation network company shall provide an option on the digital network of the transportation network company for a potential rider to request a wheelchair-accessible vehicle. If the transportation network company cannot arrange such a service for a potential rider who requests a wheelchair-accessible vehicle, the transportation network company shall direct the potential rider to another provider if possible.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4925 | Transportation Network Companies › Section 4925.07 | Records.

Effective:
March 23, 2016
Latest Legislation:
House Bill 237 - 131st General Assembly
A transportation network company shall maintain records of both of the following:
(A) All transportation network company drivers for not less than two years after the date each driver last provided transportation network company services;
(B) Each instance in which transportation network company services are provided for not less than two years after the services are provided.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4925 | Transportation Network Companies › Section 4925.08 | Cash Payments.

Effective:
March 23, 2016
Latest Legislation:
House Bill 237 - 131st General Assembly
(A) A transportation network company driver may accept cash payments for transportation network company services if authorized to do so by the transportation network company that controls the digital network through which the driver provides the services. If a transportation network company driver accepts a cash payment for a transportation network company service, the driver shall notify the transportation network company through the digital network that a cash payment has been made and of the amount of the cash payment. In addition, the rider shall confirm the amount of the cash payment through the digital network. Nothing in this section shall be construed to require a transportation network company to authorize the acceptance of cash payments.
(B) No transportation network company driver shall solicit or accept any passenger other than through the digital network of the transportation network company at any time during which the transportation network company driver is logged onto the digital network.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4925 | Transportation Network Companies › Section 4925.09 | Regulations.

Effective:
March 23, 2016
Latest Legislation:
House Bill 237 - 131st General Assembly
(A)(1) The regulation of transportation network companies, transportation network company drivers, and transportation network company services is a matter of general statewide interest that requires statewide regulation. Chapter 4925. and sections 3942.01 to 3942.04 of the Revised Code constitute a comprehensive plan with respect to all aspects of the regulation of transportation network companies, transportation network company drivers, and transportation network company services. Accordingly, except as authorized in division (A)(2) of this section, it is the intent of the general assembly to preempt any local ordinance, resolution, or other law adopted to license, register, tax, or otherwise regulate transportation network companies, transportation network company drivers, or transportation network company services.
(2) The operator of a public-use airport, as defined in section 4563.30 of the Revised Code, may adopt reasonable standards, regulations, procedures, and fees that are applicable to transportation network company services that are provided to any transportation network company rider who requests service to, from, or on the property of the public-use airport. A transportation network company or transportation network company driver shall comply with any applicable standards, regulations, or procedures adopted by a public-use airport and shall pay any applicable fees in a timely manner.
(B) With regard to the provision of transportation network company services, no transportation network company or transportation network company driver is subject to regulation as a chauffeured limousine under section 4511.85 of the Revised Code, as a taxicab or vehicle for hire, or as a for-hire motor carrier under Chapters 4921. and 4923. of the Revised Code. No vehicle used to provide transportation network company services shall be required to register as a chauffeured limousine, taxicab or vehicle for hire, commercial car, or for-hire motor carrier in order to provide transportation network company services.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4925 | Transportation Network Companies › Section 4925.10 | Construction With Other Laws.

Effective:
March 23, 2016
Latest Legislation:
House Bill 237 - 131st General Assembly
(A) Chapters 4111., 4121., 4123., 4141., and sections 4113.15 and 4113.16 of the Revised Code do not apply to transportation network companies with regard to transportation network company drivers and transportation network company drivers are not employees for purposes of those chapters or sections, except where agreed to by written contract. If the parties agree to the application of one or more of these laws in a written contract, the transportation network company shall notify the appropriate agency of the election to cover the driver. If the parties subsequently change this election, the transportation network company shall notify the appropriate agency of the change.
(B) Except where agreed to by written contract, a transportation network company driver is not an agent of a transportation network company.
(C) A driver may bring an action and recover under section 4113.52 of the Revised Code if a transportation network company has discontinued or otherwise removed the driver's access to the transportation network company's digital network because of the driver making a report under that section. If a driver brings an action under that section, the driver shall comply with the procedures for employees established in that section to receive the relief and remedies listed in division (E) of that section.
A driver is not an employee for purposes of sections 4113.51 and 4113.52 of the Revised Code. Nothing in this division shall be construed to create an employer and employee relationship between a transportation network company driver and a transportation network company.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4926 | Electric Cooperative Pole Attachments › Section 4926.01 | Definitions.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
As used in sections 4926.01 to 4926.60 of the Revised Code:
"Attachment" means any wire, wireless facility, cable, antennae facility, or apparatus for the transmission of text, signs, signals, pictures, sounds, or other forms of information installed by or on behalf of a provider upon any pole owned or controlled, in whole or in part, by one or more electric cooperatives.
"Broadband provider" has the same meaning as in section 122.40 of the Revised Code.
"Electric cooperative" has the same meaning as in section 4928.01 of the Revised Code.
"Incremental cost" means pole attachment costs incurred by an electric cooperative for providing long-run service.
"Make-ready work" means, as determined by the nature of the work required, "make-ready," "complex make-ready," or "simple make-ready" as those terms are defined in 47 C.F.R. 1.1402.
"Provider" means a broadband provider, telecommunications service provider, video service provider, or wireless service provider.
"Telecommunications service provider" means a provider of "telecommunications service" as defined in section 4927.01 of the Revised Code.
"Video service provider" has the same meaning as in section 1332.21 of the Revised Code.
"Wireless service provider" has the same meaning as in section 4927.01 of the Revised Code.
Last updated June 9, 2021 at 2:05 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4926 | Electric Cooperative Pole Attachments › Section 4926.03 | Electric Cooperative Permit Pole Attachment.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
On the request of a provider, an electric cooperative shall grant the provider nondiscriminatory access to the cooperative's poles under just and reasonable rates, terms, and conditions for their attachments in accordance with sections 4926.06 to 4926.36 of the Revised Code.
Last updated June 9, 2021 at 2:05 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4926 | Electric Cooperative Pole Attachments › Section 4926.06 | Submission and Review of Pole Attachment Request.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
A provider requesting access to an electric cooperative's poles shall submit the request in writing, and the cooperative shall review the request under a uniformly applied, efficient, and transparent process.
Last updated June 9, 2021 at 2:06 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4926 | Electric Cooperative Pole Attachments › Section 4926.09 | Pole Attachment Agreement.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
An electric cooperative may require a provider to execute an agreement for a pole attachment under nondiscriminatory, just, and reasonable rates, terms, and conditions in accordance with sections 4926.06 to 4926.36 of the Revised Code if the cooperative requires all other attaching parties to execute such an agreement.
Last updated June 9, 2021 at 2:06 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4926 | Electric Cooperative Pole Attachments › Section 4926.12 | Time for Granting or Denying Request.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
After receiving a request for access, an electric cooperative shall grant or deny access within the time frame established by the federal communications commission, unless, pursuant to section 4926.57 of the Revised Code, a court of common pleas determines a different time frame for granting or denying access.
Last updated June 9, 2021 at 2:14 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4926 | Electric Cooperative Pole Attachments › Section 4926.15 | Reasons for Request Denial.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
An electric cooperative may deny a provider access to its poles for either of the following reasons if the reasons are applied on a nondiscriminatory basis:
(A) Insufficient capacity;
(B) Safety, reliability, or generally applicable engineering standards.
Last updated June 9, 2021 at 2:14 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4926 | Electric Cooperative Pole Attachments › Section 4926.18 | Denial Requirements.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
If an electric cooperative denies an access request submitted under section 4926.15 of the Revised Code, the cooperative must confirm the denial in writing. The denial shall be specific and shall include all relevant evidence and information supporting the denial and an explanation of how that evidence and information relates to the factors described in section 4926.15 of the Revised Code on which the denial is based.
Last updated June 9, 2021 at 2:08 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4926 | Electric Cooperative Pole Attachments › Section 4926.21 | Make Ready Work Compliance and Costs; Annual Recurring Pole Attachment Fee.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
(A) A provider and an electric cooperative shall comply with the process for make-ready work under 47 U.S.C. 224 and the federal communications commission orders and regulations implementing that section, unless, pursuant to section 4926.57 of the Revised Code, a court of common pleas establishes a different process for make-ready work.
(B) The cooperative shall provide a good-faith estimate for any make-ready work, which shall include pole replacement if necessary. All make-ready costs shall be based on the cooperative's actual costs not recovered through the annual recurring attachment rate. The cooperative shall provide detailed documentation of the actual costs.
(C) A cooperative that charges an annual recurring attachment fee shall establish the fee in accordance with the cable pole attachment rate formula established in 47 U.S.C. 224(d) and commission orders and regulations implementing that formula, unless, pursuant to section 4926.57 of the Revised Code, a court of common pleas establishes a different attachment fee.
Last updated June 9, 2021 at 2:08 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4926 | Electric Cooperative Pole Attachments › Section 4926.24 | Pole Attachment Requirements and Standards.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
The attachment of facilities on the poles of an electric cooperative by a provider shall comply with the following:
(A) The most recent, applicable, nondiscriminatory safety and reliability standards adopted by the cooperative;
(B) The national electric safety code adopted by the institute of electrical and electronics engineers in effect on the date of the attachment.
Last updated June 9, 2021 at 2:08 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4926 | Electric Cooperative Pole Attachments › Section 4926.27 | Compliance With Public Right-of-Way Requirements.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
Nothing in sections 4926.01 to 4926.60 of the Revised Code affects a provider or other attaching party's obligation to obtain any necessary authorization before occupying public ways or private rights-of-way with its attachment.
Last updated June 9, 2021 at 2:08 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4926 | Electric Cooperative Pole Attachments › Section 4926.30 | Direct Benefit From Modification of Pole Facilities.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
If an electric cooperative's pole facility is modified, a party with a preexisting attachment to the modified facility is considered to directly benefit from a modification if, after receiving notification of the modification, the party adds to or modifies its attachment.
Last updated June 9, 2021 at 2:09 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4926 | Electric Cooperative Pole Attachments › Section 4926.33 | Cost Sharing for Modifications of Pole Facilities.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
(A) If an electric cooperative's pole facility is modified, all parties that obtain access to the facility as a result of the modification and all parties that directly benefit from the modification shall share proportionately in the cost of the modification.
(B) If a party makes an attachment to the facility after the completion of the modification, the party shall share proportionately in the costs of the modification if that modification rendered the added attachment possible.
Last updated June 9, 2021 at 2:09 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4926 | Electric Cooperative Pole Attachments › Section 4926.36 | Rearrangement or Replacement of Preexisting Pole Attachment Cost Limitations.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
Unless a modification by an electric cooperative is necessary for an electric service that uses smart grid or other technology, a party with a preexisting attachment to a pole is not required to bear any of the costs of rearranging or replacing its attachment if the rearrangement or replacement is necessary because of another party's request for an additional attachment or a modification of an existing attachment.
Last updated June 9, 2021 at 2:09 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4926 | Electric Cooperative Pole Attachments › Section 4926.39 | Common Please Court in Which Complaints Filed.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
Subject to the venue requirements of section 4926.43 of the Revised Code, an electric cooperative or a provider may file a complaint regarding pole attachment disputes with respect to sections 4926.01 to 4926.60 of the Revised Code with the court of commons pleas of the county in which the cooperative's Ohio headquarters is located.
Last updated June 9, 2021 at 2:23 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4926 | Electric Cooperative Pole Attachments › Section 4926.42 | Jurisdiction Over Pole Attachment Complaints.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
Subject to the venue requirements of section 4926.43 of the Revised Code, the court of common pleas of the county in which an electric cooperative's Ohio headquarters is located has jurisdiction to hear complaints and to grant remedies with respect to sections 4926.01 to 4926.60 of the Revised Code regarding attachment disputes for which a complaint is filed.
Last updated June 9, 2021 at 2:24 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4926 | Electric Cooperative Pole Attachments › Section 4926.43 | Venue Requirements.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
A hearing regarding a complaint filed under section 4926.39 of the Revised Code is a special statutory proceeding under division (C) of Civil Rule 1 of the Rules of Civil Procedure. Any civil proceeding under section 4926.39 of the Revised Code shall be conducted in accordance with the Rules of Civil Procedure, except that a complaint regarding pole attachment disputes with respect to sections 4926.01 to 4926.60 of the Revised Code is not subject to general venue provisions in Civil Rule 3 of the Rules of Civil Procedure. To that extent only, such proceedings shall be deemed a special statutory proceeding under division (C)(8) of Civil Rule 1 of the Rules of Civil Procedure.
Venue for such a proceeding shall lie only in the county in which the cooperative's Ohio headquarters is located, provided that at least some portion of the attachment will occur in that county. In the event that the cooperative's Ohio headquarters is not located in a county in which some portion of the attachment will occur, or that more than one cooperative is a party, venue shall lie only in the county in which the largest physical portion of the attachment will occur.
Court orders relative to venue are final orders pursuant to division (B)(2) of section 2505.02 of the Revised Code. Orders not specifically relating to venue are reviewable on appeal in the same manner as judgments in any civil action.
Land acquisition actions pursuant to Chapter 163. of the Revised Code are not affected by this section and shall be heard in a venue as provided in that chapter or Civil Rule 3 of the Rules of Civil Procedure.
Last updated June 9, 2021 at 2:11 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4926 | Electric Cooperative Pole Attachments › Section 4926.45 | Evidentiary Requirements for Complaint.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
Before a court of common pleas may order any remedy under section 4926.57 of the Revised Code regarding a pole attachment complaint filed with respect to sections 4926.01 to 4926.60 of the Revised Code, the court shall determine, and a complainant shall establish, by a preponderance of the evidence, each of the following:
(A) That any rate, term, or condition complained of is not just and reasonable or a denial of access was unlawful.
(B) If the complaint concerns any rate, term, or condition, that such rate, term, or condition is contained in, or demanded by either party as a condition to entering into, either:
(1) A new pole attachment agreement; or
(2) An amendment, renewal, or replacement of an existing agreement that may be terminated, amended, renewed, or replaced on or after the effective date of this section ;
(C) If the complaint concerns any rate, term, or condition, that the provider and the electric cooperative first attempted to negotiate regarding the terms of a new, amended, renewed, or replaced agreement for a period of at least forty-five days prior to filing the complaint.
Last updated June 10, 2021 at 8:45 AM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4926 | Electric Cooperative Pole Attachments › Section 4926.48 | Burden of Proof Regarding Rate, Term, or Condition or Denial of Access.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
(A) The complainant under section 4926.39 of the Revised Code has the burden of establishing a prima facie case that the rate, term, or condition complained of is not just and reasonable or that the denial of access was unlawful.
(B) In a case involving a denial of access, the electric cooperative has the burden of establishing, by a preponderance of the evidence, that the denial was lawful, once a prima facie case is established by the complainant.
Last updated June 9, 2021 at 2:11 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4926 | Electric Cooperative Pole Attachments › Section 4926.51 | Burden of Proof Regarding Incremental Cost Claim.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
In a complaint filed under section 4926.39 of the Revised Code, if an electric cooperative claims that the proposed rate is lower than its incremental costs, the cooperative has the burden of establishing, by a preponderance of the evidence, its incremental costs.
Last updated June 9, 2021 at 2:12 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4926 | Electric Cooperative Pole Attachments › Section 4926.54 | Rebuttable Presumptions.

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
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4926 | Electric Cooperative Pole Attachments › Section 4926.57 | Remedies Available to Court.

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
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4926 | Electric Cooperative Pole Attachments › Section 4926.60 | Court Determination Is Final and Appealable.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
A court of common pleas determination resolving a complaint under sections 4926.39 to 4926.57 of the Revised Code shall be issued in the form of a final appealable order.
Last updated June 9, 2021 at 2:12 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4927 | Telecommunications - Alternative Regulation › Section 4927.02 | State Policy.

Effective:
March 20, 2019
Latest Legislation:
House Bill 402 - 132nd General Assembly
(A) It is the policy of this state to:
(1) Ensure the adequacy and reliability of basic local exchange service consistent with sections 4927.07, 4927.10, and 4927.11 of the Revised Code, and the adequacy and reliability of voice service throughout the state;
(2) Provide incentives for competing providers of telecommunications service to provide advanced, high-quality telecommunications service to citizens throughout the state;
(3) Rely primarily on market forces, where they exist, to maintain reasonable service levels for telecommunications services at reasonable rates;
(4) Encourage innovation in the telecommunications industry and the deployment of advanced telecommunications services;
(5) Create a regulatory climate that provides incentives to create and maintain high technology jobs for Ohioans;
(6) Promote diversity and options in the supply of telecommunications services and equipment throughout the state;
(7) Recognize the continuing emergence of a competitive telecommunications environment through flexible regulatory treatment of telecommunications services where appropriate;
(8) Consider the regulatory treatment of competing and functionally equivalent services and, to the extent practicable, provide for equivalent regulation of all telephone companies and services;
(9) Not unduly favor or advantage any provider and not unduly disadvantage providers of competing and functionally equivalent services;
(10) Protect the affordability of telephone service for low-income subscribers through the continuation of federal lifeline assistance programs ; and
(11) Allow and encourage competition and market forces to determine the availability, prices, terms, and other conditions of providing telecommunications services.
(B) The public utilities commission shall consider the policy set forth in this section in carrying out this chapter.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4927 | Telecommunications - Alternative Regulation › Section 4927.04 | Commission's Authority Under Federal Law.

Effective:
September 13, 2010
Latest Legislation:
Senate Bill 162 - 128th General Assembly
The public utilities commission has such power and jurisdiction as is reasonably necessary for it to perform the obligations authorized by or delegated to it under federal law, including federal regulations, which obligations include performing the acts of a state commission as defined in the "Communications Act of 1934," 48 Stat. 1064, 47 U.S.C. 153, as amended, and include, but are not limited to, carrying out any of the following:
(A) Rights and obligations under the "Telecommunications Act of 1996," 110 Stat. 56, 47 U.S.C. 251, as amended;
(B) Authority to mediate and arbitrate disputes and approve agreements under the "Telecommunications Act of 1996," 110 Stat. 56, 47 U.S.C. 252, as amended;
(C) Administration of telephone numbers and number portability;
(D) Certification of telecommunications carriers eligible for universal-service funding under 47 U.S.C. 214(e);
(E) Administration of truth-in-billing;
(F) Administration of customer proprietary network information under 47 U.S.C. 222 and federal regulations adopted thereunder;
(G) Outage reporting consistent with federal requirements.
Except as provided in division (B) of section 4927.03 of the Revised Code, the commission has power and jurisdiction under this section over a telecommunications carrier to the extent necessary to perform the obligations described in this section. Nothing in this chapter limits the commission's authority under the "Telecommunications Act of 1996," 110 Stat. 56, 47 U.S.C. 151, et seq., as amended, including the commission's authority over the provision of universal-service funding.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4927 | Telecommunications - Alternative Regulation › Section 4927.05 | Certificate or Registration Required.

Effective:
September 13, 2010
Latest Legislation:
Senate Bill 162 - 128th General Assembly
(A)(1) No telephone company shall operate in this state without first obtaining a certificate from the public utilities commission, and no wireless service provider shall operate in this state without first being registered with the commission. A telephone company not holding such a certificate on the effective date of this section, or a wireless service provider not so registered on that date, shall file, respectively, a certification application or registration with the commission, each in the manner set forth in rules adopted by the commission. The application or registration shall include all of the following:
(a) The company's or provider's name and address;
(b) The name of a contact person and that person's contact information;
(c) A service description, including the general geographic areas served, but not maps of service areas;
(d) Evidence of registration with the secretary of state;
(e) Evidence of notice to the public utilities tax division of the department of taxation of the company's or provider's intent to provide service;
(f) As to a certification application, evidence of financial, technical, and managerial ability to provide adequate service to the public consistent with law.
Division (A)(1) of this section does not apply to any incumbent local exchange carrier with respect to its geographic service area as that area existed on the effective date of this section.
(2) The commission may suspend or reject the certification application of a telephone company if it finds, within thirty days after the application's submission and based on the evidence provided under division (A)(1)(f) of this section, that the applicant lacks financial, technical, or managerial ability sufficient to provide adequate service to the public consistent with law.
(B) If any of the filed information described in divisions (A)(1)(a) to (f) of this section changes, a telephone company shall update its certification and provide any necessary notice to customers, and a wireless service provider shall update its registration. The commission shall adopt rules governing the requirements of this division.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4927 | Telecommunications - Alternative Regulation › Section 4927.06 | Unfair or Deceptive Trade Practices.

Effective:
September 13, 2010
Latest Legislation:
Senate Bill 162 - 128th General Assembly
(A) No telephone company shall commit any unfair or deceptive act or practice in connection with the offering or provision of any telecommunications service in this state. A failure to comply with any of the following requirements shall constitute an unfair or deceptive act or practice by a telephone company:
(1) Any communication by the company, including, but not limited to, a solicitation, offer, or contract term or condition, shall be truthful, clear, conspicuous, and accurate in disclosing any material terms and conditions of service and any material exclusions or limitations. The public utilities commission may prescribe, by rule, a commission review process to determine when disclosing such information is not practicable, and therefore nondisclosure does not result in an unfair or deceptive act or practice.
(2) Any written service solicitation, marketing material, offer, contract, or agreement, as well as any written response from the company to a service-related inquiry or complaint that the company receives from a customer or others, shall disclose the company's name and contact information. The commission may prescribe, by rule, a commission review process to determine when disclosing such information is not practicable, and therefore nondisclosure does not result in an unfair or deceptive act or practice.
(3) The company shall inform its customers, as applicable and in any reasonable manner, of their rights and responsibilities concerning inside wire, the repair and maintenance of customer-owned equipment, and the use of a network interface device, and of any charges that the company imposes for a diagnostic visit, consistent with rules adopted by the public utilities commission.
(4) The company shall not commit any act, practice, or omission that the commission determines, by rulemaking under section 4927.03 of the Revised Code or adjudication under section 4927.21 of the Revised Code, constitutes an unfair or deceptive act or practice in connection with the offering or provision of telecommunications service in this state.
(B) The commission shall provide notice to all telephone companies specifying any act, practice, or omission that it prescribes pursuant to division (A)(4) of this section. No telephone company is liable for any act, practice, or omission absent that notice and adequate time for implementation.
(C) This section does not apply to wireless service. A consumer purchase of wireless service or a related product shall constitute a consumer transaction for purposes of sections 1345.01 to 1345.13 of the Revised Code, notwithstanding any provision of those sections to the contrary.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4927 | Telecommunications - Alternative Regulation › Section 4927.07 | Withdrawal of Service.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) Except as provided under the notice requirements of section 4927.10 of the Revised Code, a telephone company may withdraw any telecommunications service if it gives at least thirty days' prior notice to the public utilities commission and to its affected customers.
(B) Except as provided under the notice requirements of section 4927.10 of the Revised Code, a telephone company may abandon entirely telecommunications service in this state if it gives at least thirty days' prior notice to the commission, to its wholesale and retail customers, and to any telephone company wholesale provider of its services.
(C) Divisions (A) and (B) of this section do not apply to any of the following:
(1) Pole attachments under section 4905.71 of the Revised Code;
(2) Conduit occupancy under section 4905.71 of the Revised Code;
(3) Interconnection and resale agreements approved under the "Telecommunications Act of 1996," 110 Stat. 56, 47 U.S.C. 151 et seq., as amended.
(D) Except as provided in section 4927.10 of the Revised Code, an incumbent local exchange carrier may not withdraw or abandon basic local exchange service.
(E) Neither a telephone company nor an incumbent local exchange carrier may, without first filing a request with the commission and obtaining commission approval, withdraw any tariff filed with the commission for pole attachments or conduit occupancy under section 4905.71 of the Revised Code or abandon service provided under that section.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4927 | Telecommunications - Alternative Regulation › Section 4927.09 | Access to 9-1-1 Service.

Effective:
September 13, 2010
Latest Legislation:
Senate Bill 162 - 128th General Assembly
Every telephone company providing telephone exchange service shall maintain access to 9-1-1 service on a residential customer's line for a minimum of fourteen consecutive days immediately following any disconnection for nonpayment of a customer's telephone exchange service.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4927 | Telecommunications - Alternative Regulation › Section 4927.101 | Effect of Enactments and Amendments by Hb 64 of 131st General Assembly.

Effective:
March 20, 2019
Latest Legislation:
House Bill 402 - 132nd General Assembly
(A) Section 4927.10 of the Revised Code and the amendments to sections 4927.01, 4927.02, 4927.07, and 4927.11 of the Revised Code made by H.B. 64 of the 131st general assembly shall not affect any of the following:
(1) Any contractual obligation, including agreements under the "Telecommunications Act of 1996," 110 Stat. 56, 47 U.S.C. 251 and 252, as amended;
(2) Any right or obligation under federal law or rules;
(3) The carrier-access requirements under section 4927.15 of the Revised Code;
(4) Any right or obligation under section 4905.71 of the Revised Code;
(5) Any state law or rule adopted under this title related to wholesale rights or obligations.
(B) The amendments to section 4927.15 of the Revised Code made by H.B. 64 of the 131st general assembly shall not affect the obligations and rights described in divisions (A)(1), (2), (4), and (5) of this section.
(C) The amendments to sections 128.01, 128.32, 4905.402, 4905.61, 4927.02, 4927.101, 4927.12, 4927.17, and 4927.19 of the Revised Code and the enactment of sections 4927.121, 4927.122, 4927.123, 4927.124, and 4927.125 of the Revised Code made by H.B. 402 of the 132nd general assembly shall not affect the obligations and rights described in division (A) of this section.