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2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4933 | Companies - Gas; Electric; Water; Others › Section 4933.28 | Correcting Residential Utility Billings.

Effective:
July 1, 1996
Latest Legislation:
Senate Bill 2 - 121st General Assembly
(A) Whenever a gas, natural gas, or electric light company operated for profit or not for profit has undercharged any residential customer as the result of a meter or metering inaccuracy or other continuing problem under its control, the company may only bill the customer for the amount of the unmetered gas or electricity rendered in the three hundred sixty-five days immediately prior to the date the company remedies the meter inaccuracy. The maximum portion of the undercharge for unmetered gas or electricity rendered that may be recovered from the customer in any billing month shall be determined by dividing the amount of the undercharge by twelve and the quotient is the maximum portion of the undercharge that the company may, subject to division (C) of this section, recover from the customer in any billing month, in addition to either regular monthly charges of any type or regular level payment amounts billed in accordance with an agreement between the customer and the company. Subject to division (C) of this section, the time period over which the undercharge may be collected shall be twelve consecutive months.
(B) No company shall recover any interest charge, service charge, or fee, whether or not a percentage is utilized for its computation, for billings made pursuant to this section.
(C) Nothing in this section shall be construed to prevent the customer from paying an undercharge or any portion thereof in a time shorter than that stated in this section. Nothing in this section shall be construed to prevent a gas, natural gas, or electric light company from collecting an undercharge or any portion thereof in a time longer than that stated in this section.
(D) A gas, natural gas, or electric light company may not collect any amount otherwise permitted to be collected under this section unless the company, in the first bill the purpose of which is to collect the amount for unmetered gas or electric service, states the entire amount that it seeks to collect.
(E) No gas, natural gas, or electric light company that is required to follow this section in order to collect an undercharge from a customer may shut off the service of the customer except for safety reasons, except in the event of a request by the customer, and except to enforce a shut-off provision in its filed tariffs with the public utilities commission that is triggered by nonpayment by a customer of a lawfully owing past due amount.
(F) This section does not apply to any act that is a theft offense, as defined in section 2913.01 of the Revised Code, and that involves tampering with utility equipment or theft of utility service, or where a physical act of a customer or its agent causes inaccurate or no recording of the meter reading, or inaccurate or no measurement of the gas or electricity rendered.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4933 | Companies - Gas; Electric; Water; Others › Section 4933.32 | Application of Schedules and Orders for Curtailment of Residential Service.

Effective:
August 14, 1979
Latest Legislation:
House Bill 154 - 113th General Assembly
Every portion of the schedule of an electric light, natural gas, and gas company and every order of the public utilities commission relating to curtailment of residential service by such a company shall apply uniformly to all residential consumers, as defined in section 4911.01 of the Revised Code, and shall not distinguish as to whether the residence of such consumers utilizes a solar, wind, or hydrothermal energy system, as defined in section 1551.20 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4933 | Companies - Gas; Electric; Water; Others › Section 4933.33 | Annual Statement.

Effective:
December 21, 2000
Latest Legislation:
Senate Bill 287 - 123rd General Assembly
(A) Annually, each electric distribution company, as defined in section 5727.80 of the Revised Code, shall state on each customer bill, or shall distribute to each of its customers, the following statement:
"Under state law, the amount you are being billed includes:
(1) Kilowatt-hour taxes that have been in effect since 2001 and are currently at $_________ (The current dollar figure of the kilowatt-hour taxes levied by section 5727.81 of the Revised Code shall be placed in the blank); and
(2) Assessments to assist in the support of the operations of the PUCO and the office of the consumers' counsel that have been in effect since 1912 and 1977, respectively."
(B) Annually, each natural gas distribution company, as defined in section 5727.80 of the Revised Code, shall state on each customer bill, or shall distribute to each of its customers, the following statement:
"Under state law, the amount you are being billed includes:
(1) Natural gas distribution taxes that have been in effect since 2001 and are currently at $ _________ (The current dollar figure of the natural gas distribution excise taxes levied by section 5727.811 of the Revised Code shall be placed in the blank); and
(2) Assessments to assist in the support of the operations of the PUCO and the office of the consumers' counsel that have been in effect since 1912 and 1977, respectively."
(C) The notice required under division (A) or (B) of this section does not apply to an electric distribution company or a natural gas distribution company that is not subject to assessments to support the operations of the PUCO or the office of the consumers' counsel.
(D) Nothing in this section shall be construed to mean that an electric distribution company or a natural gas distribution company subject to this section may not cause such appearance or distribute such statement on a more frequent basis.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4933 | Companies - Gas; Electric; Water; Others › Section 4933.40 | Definitions for r.c. 4933.41 and 4933.42.

Effective:
September 30, 2021
Latest Legislation:
House Bill 201 - 134th General Assembly
As used in sections 4933.41 to 4933.42 of the Revised Code:
(A) "Political subdivision" means a township, county, or municipal corporation.
(B) "Competitive retail natural gas service," "natural gas company," "distribution service," and "retail natural gas service" have the same meanings as in section 4929.01 of the Revised Code.
(C) "Energy dealer" has the same meaning as in section 5117.01 of the Revised Code.
(D) "Propane" has the same meaning as in section 936.01 of the Revised Code.
Last updated July 9, 2021 at 5:16 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4933 | Companies - Gas; Electric; Water; Others › Section 4933.41 | Access to Natural Gas Service, Propane; Political Subdivision Restriction.

Effective:
September 30, 2021
Latest Legislation:
House Bill 201 - 134th General Assembly
(A) (1) Every person seeking to obtain distribution service or retail natural gas service has the right to obtain any available distribution service or retail natural gas service from a natural gas company with capacity to provide service to the person in that location or any available competitive retail natural gas service from any competitive retail natural gas service supplier certified to provide that service to that person in that location. Nothing in this section shall be construed to require a natural gas company to obtain or continue any exemption under section 4929.04 of the Revised Code.
(2) Every person seeking to obtain propane has the right to obtain propane from any energy dealer willing to provide propane to that customer in that location.
(B) (1) Division (A) (1) of this section is limited by Chapters 4905., 4929., and 4933. of the Revised Code, any regulations enacted by the public utilities commission thereunder, and any tariffs approved by the public utilities commission, and subject to Sections 4 and 6 of Article XVIII, Ohio Constitution.
(2) Division (A)(2) of this section is limited by Chapter 936. of the Revised Code and any regulations enacted by the director of the department of agriculture thereunder, and subject to Sections 4 and 6 of Article XVIII, Ohio Constitution.
(C) No legislative or executive authority of any political subdivision shall enact any ordinance or resolution or promulgate or impose any building code, contractual provision, or other requirement that limits, prohibits, or prevents residential, commercial, or industrial consumers within their boundaries from using the following:
(1) Distribution service or retail natural gas service that would otherwise be available to those consumers under Title 49 and regulations promulgated thereunder ;
(2) Propane.
(D) Except as set forth in division (C) of this section, nothing in section 4933.41 of the Revised Code is intended to inhibit or restrict a municipality's right and ability to enter into and administer franchise agreements pursuant to Sections 4 and 6 of Article XVIII, Ohio Constitution, and sections 4939.01 to 4939.09 of the Revised Code.
(E) Nothing in this section shall be construed either to limit a natural gas company's ability to provide service to new customers or to require free extensions of service.
(F) Nothing in this section shall be construed to prevent or limit a municipal corporation from exercising its authority pursuant to sections 4928.20 to 4928.28 of the Revised Code.
Last updated July 9, 2021 at 5:17 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4933 | Companies - Gas; Electric; Water; Others › Section 4933.42 | State Policy of r.c. 4933.41.

Effective:
September 30, 2021
Latest Legislation:
House Bill 201 - 134th General Assembly
Section 4933.41 of the Revised Code promotes the public policy of the state to do the following:
(A) Increase utilization of the state's indigenous energy resources as provided in section 1551.18 of the Revised Code.
(B) Promote the availability of natural gas services and goods as provided in section 4929.02 of the Revised Code.
(C) Encourage the utilization of propane.
Last updated July 9, 2021 at 5:18 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4933 | Companies - Gas; Electric; Water; Others › Section 4933.84 | Right of Electric Supplier to Continue or Extend Electric Service Within Certified Territory Following Annexation or Incorporation of Territory.

Effective:
July 12, 1978
Latest Legislation:
House Bill 577 - 112th General Assembly
Annexation or incorporation by a municipal corporation or other unit of local government does not affect the right of an electric supplier to continue or extend electric service within its certified territory except insofar as that right is affected or modified by Article XVIII or any other article of the Ohio Constitution. Notwithstanding this section or any other provision of law, the right of a municipal corporation to furnish service to such portion of the corporation as has been annexed to the corporation since the time maps have been drawn in accordance with section 4933.82 of the Revised Code shall not be abridged.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4933 | Companies - Gas; Electric; Water; Others › Section 4933.85 | Assigning or Transferring Rights.

Effective:
July 12, 1978
Latest Legislation:
House Bill 577 - 112th General Assembly
The rights and authority granted under sections 4933.81 to 4933.84 of the Revised Code may be assigned or transferred only with the approval of the public utilities commission and approval shall be granted if the commission finds that the assignment or transfer is not contrary to the public interest. Upon the merger or consolidation of electric suppliers, the surviving or new electric supplier shall, without further action, succeed to all rights and authority previously granted under sections 4933.81 to 4933.84 of the Revised Code to the merged or consolidated electric suppliers.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4933 | Companies - Gas; Electric; Water; Others › Section 4933.86 | Violations.

Effective:
July 1, 1996
Latest Legislation:
Senate Bill 2 - 121st General Assembly
Any electric supplier that renders electric service in violation of sections 4933.81 to 4933.90 of the Revised Code is subject to remedies and penalties provided by sections 4905.54, 4905.56, 4905.57, 4905.59, 4905.60, and 4905.61 and division (B) of section 4905.99 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4933 | Companies - Gas; Electric; Water; Others › Section 4933.87 | Right of Municipal Corporations to Generate, Transmit, Distribute, or Sell Electric Energy.

Effective:
July 12, 1978
Latest Legislation:
House Bill 577 - 112th General Assembly
Nothing contained in sections 4933.81 to 4933.90 of the Revised Code shall be construed to affect the right of municipal corporations to generate, transmit, distribute, or sell electric energy. The rights and powers of municipal corporations as they exist on or after the effective date of this section to acquire, construct, own, lease, or operate in any manner a public utility or to supply the service or product by means of a rate ordinance adopted under section 743.26 of the Revised Code or under Section 4, Article XVIII, Ohio Constitution in any portion of the state is not affected by sections 4933.81 to 4933.90 of the Revised Code. When an electric system owned by a municipal corporation is sold, the purchaser thereof shall be considered an electric supplier and the area served by the system shall become the certified territory of the purchaser. An electric supplier whose certified territory also includes any portion of such service area shall have the right and obligation to continue providing electric service within its previously established certified territory and the sale of a municipal corporation's electric system shall not in any respect restrict or limit such right and obligation. The purchaser shall, for the purposes of sections 4933.81 to 4933.90 of the Revised Code, be an electric supplier.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4933 | Companies - Gas; Electric; Water; Others › Section 4933.88 | Assessing Expenses of Administration.

Effective:
July 12, 1978
Latest Legislation:
House Bill 577 - 112th General Assembly
The expenses of the public utilities commission in administering sections 4933.81 to 4933.90 of the Revised Code shall be assessed by the commission against the affected electric suppliers on the following basis:
(A) Expenses that relate to the preparation or review of maps to establish the certified territory of a single electric supplier in any area where there is no other electric supplier shall be assessed solely to such electric supplier.
(B) Expenses that relate to the preparation or review of maps to establish the certified territories of two or more electric suppliers in any area where there are two or more electric suppliers shall be assessed in equal shares among such electric suppliers.
(C) Expenses that relate to the consideration and disposition of alleged errors pursuant to section 4933.82 of the Revised Code and the consideration and disposition of proposed adjustments pursuant to division (E) of section 4933.83 of the Revised Code shall be assessed in equal shares among the electric suppliers affected thereby.
(D) Expenses that relate to the enforcement by the commission of compliance with sections 4933.81 to 4933.90 of the Revised Code shall be assessed in equal shares against the electric supplier or suppliers to which an order of enforcement is directed. Where such enforcement proceedings are initiated by an electric supplier or suppliers and no order of enforcement is issued by the commission, such expenses shall be assessed in equal shares against the electric supplier or suppliers initiating such proceedings.
(E) Any other expenses of the commission shall be assessed by the commission in equal shares among the electric suppliers that are subject to sections 4933.81 to 4933.90 of the Revised Code.
(F) The commission may assess the expenses enumerated in this section on the basis of estimates made by it, with appropriate adjustment or credit after final determination of such expenses.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4933 | Companies - Gas; Electric; Water; Others › Section 4933.89 | Public Utilities Territorial Administration Fund.

Effective:
July 12, 1978
Latest Legislation:
House Bill 577 - 112th General Assembly
There is hereby created in the state treasury a fund to be known as the public utilities territorial administration fund. The funds collected under section 4933.88 of the Revised Code as assessments shall be credited to the public utilities territorial administration fund.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4933 | Companies - Gas; Electric; Water; Others › Section 4933.90 | Review of Public Utilities Commission Actions.

Effective:
July 12, 1978
Latest Legislation:
House Bill 577 - 112th General Assembly
Action of the public utilities commission pursuant to sections 4933.81 to 4933.90 of the Revised Code is subject to review in accordance with Chapter 4903. of the Revised Code but during any appeal therefrom, the continuance of existing electric service is lawful.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4933 | Companies - Gas; Electric; Water; Others › Section 4933.99 | Penalty.

Effective:
July 1, 1996
Latest Legislation:
Senate Bill 2 - 121st General Assembly
(A) Whoever violates section 4933.16 of the Revised Code is guilty of a misdemeanor of the third degree.
(B) Whoever violates section 4933.20, 4933.22, 4933.24, or 4933.25 of the Revised Code is guilty of a misdemeanor of the fourth degree.
(C) Whoever violates section 4933.21 or 4933.23 of the Revised Code is guilty of a misdemeanor of the first degree.
(D) Whoever violates division (E) of section 4933.28 of the Revised Code is guilty of a misdemeanor of the fourth degree. Each day of a violation of that division constitutes a separate offense.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4935 | Energy Data › Section 4935.01 | Forecasting Energy Needs.

Effective:
October 17, 1985
Latest Legislation:
House Bill 381 - 116th General Assembly
The public utilities commission may delegate to any of its officers or employees such of its duties or powers under this chapter as it considers to be appropriate to be exercised under its supervision and control.
(A) The commission shall:
(1) Estimate statewide and regional needs for energy for the forthcoming five- and ten-year periods which, in the opinion of the commission, will reasonably balance requirements of state and regional development, protection of public health and safety, preservation of environmental quality, maintenance of a sound economy, and conservation of energy and material resources. Other factors and trends which will significantly affect energy consumption such as the effects of conservation measures shall also be included.
(2) Estimate statewide and regional demands within the state for energy for twenty years ahead, to be used in formulation of long-range policies and proposals for reduction of demand, conservation of energy, development of potential sources of energy, and action to affect the rate of growth in demand for energy;
(3) Submit in the annual report of the commission to the governor and the general assembly, information identifying emerging trends related to energy supply, demand, and costs of energy to consumers, and specifying statewide and regional energy needs.
(B) To achieve the purposes of this chapter, the commission may:
(1) Request any state department, agency, office, commission, institution, or other organization or any political subdivision to supply any information in its possession or readily accessible to it concerning the use, supply, source, allocation, or distribution of energy;
(2) Request any business, industry, trade association, or person doing business in this state to supply any information in their possession or that can reasonably be assumed to be readily accessible to them concerning the use, supply, source, allocation, or distribution of energy required pursuant to federal energy regulations;
(3) Issue a subpoena to any officer or agent of any organization called upon pursuant to this section to appear before the commission and produce such records as are required in this section and as may be necessary to deal with any energy problem in this state;
(4) Develop and administer the state set-aside program for petroleum and gas, and provide assistance in fuel adjustments and policies or activities regarding the use of the United States strategic petroleum reserve ordered pursuant to the laws or regulations of the United States.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4935 | Energy Data › Section 4935.02 | Collection, Verification, and Analysis of Energy Data, Statistics, and Information.

Effective:
October 17, 1985
Latest Legislation:
House Bill 381 - 116th General Assembly
The public utilities commission shall develop and maintain an effective program for the collection, verification, and analysis of energy data, statistics, and information. The program shall be developed and implemented so as to be coordinated and consistent with other governmental data collection and record keeping programs. Internal validation procedures shall be established to ensure to the extent practicable the accuracy of information received. The commission shall utilize to the fullest extent possible any existing energy information already prepared for state or federal agencies. Every state, county, township, and municipal agency shall cooperate with the commission and shall submit any information on energy to it upon request.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4935 | Energy Data › Section 4935.10 | Study to Review the Condition of Reactive Power.

Effective:
June 17, 2010
Latest Legislation:
Senate Bill 232 - 128th General Assembly
The public utilities commission shall conduct a study to review the condition of reactive power in the state. The commission shall issue a report of its findings to the general assembly not later than one year after the effective date of this section.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4937 | Utility Radiological Safety › Section 4937.01 | Utility Radiological Safety Definitions.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
As used in sections 4937.01 to 4937.05 of the Revised Code:
(A) "Hazard" has the same meaning as in section 5502.21 of the Revised Code.
(B) "Member agency" means the state agency of which a member of the utility radiological safety board is an officer.
(C) "Nuclear electric facility" means any facility operated by a nuclear electric utility using nuclear energy to produce electricity and any facility for the storage of spent nuclear fuel arising from such production.
(D) "Nuclear electric facility incident" means any hazard within the state which is associated with a nuclear electric facility and requires, pursuant to sections 5502.21 to 5502.51 of the Revised Code, emergency management to mitigate its effects.
(E) "Nuclear electric utility" includes every person, their agents, assignees, or trustees, within this state engaged in the business of producing electricity using nuclear energy, or in the storage of spent nuclear fuel arising from such production.
(F) "Nuclear electric utility holding company" means any company that holds an equity interest in a nuclear electric utility and is part of an electric utility holding company system exempt under section 3(a)(1) or (2) of the "Public Utility Holding Company Act of 1935," 49 Stat. 810, 15 U.S.C.A. 79c, and the regulations adopted under the act.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4937 | Utility Radiological Safety › Section 4937.03 | Powers and Duties of Utility Radiological Safety Board.

Effective:
July 1, 1989
Latest Legislation:
House Bill 111 - 118th General Assembly
(A)(1) The utility radiological safety board may request information from nuclear electric utilities or nuclear electric utility holding companies which it considers necessary to conduct investigations, examinations, and studies it may undertake, but shall not impose any undue burden on the utilities or holding companies in this regard.
(2) The board may, either through its members or by persons authorized by it, examine under oath, at any reasonable time to assist the board in the performance of its duties, any officer, agent, or employee of a nuclear electric utility or nuclear electric utility holding company or any other person regarding a nuclear electric facility or utility or a nuclear electric facility incident, and may compel the attendance of such witness for the purpose of the examination. The board may examine all books, contracts, records, documents, and papers of any person and, by subpoena duces tecum, may compel the production of the books, contracts, records, documents, and papers or of verified copies.
(3) If a person disobeys a subpoena of the board, or if a witness refuses to testify to any matter regarding which he may be lawfully interrogated, the court of common pleas of a county or a judge of the court, on application of a board member, shall compel obedience by attachment proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from the court or a refusal to testify in the court.
(B) The board may procure all necessary goods and supplies for the proper administration of the board's affairs. The board shall have a seal bearing the following inscription: "The Utility Radiological Safety Board of Ohio." The seal shall be affixed to authentications of copies of records and to other instruments as the board directs.
(C) The board shall coordinate its activities with those of the power siting board.
(D) The board shall recognize that the federal government has exclusive jurisdiction to regulate the nuclear safety and national security aspects of the construction and operation of nuclear electric facilities, except for certain authority over air emissions. Sections 4937.01 to 4937.05 of the Revised Code do not affect the state's responsibilities for emergency preparedness and offsite safety requirements.
(E) None of the powers or duties of the board under sections 4937.01 to 4937.05 of the Revised Code in any way supersede existing powers or duties of member agencies or county or other local authorities.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4939 | Use of Municipal Public Way › Section 4939.02 | State Policy.

Effective:
August 1, 2018
Latest Legislation:
House Bill 478 - 132nd General Assembly
(A) It is the public policy of this state to do all of the following:
(1) Promote the public health, safety, and welfare regarding access to and the occupancy or use of public ways, to protect public and private property, and to promote economic development in this state;
(2) Promote the availability of a wide range of utility, communication, and other services to residents of this state at reasonable costs, including the rapid implementation of new technologies and innovative services;
(3) Promote the rapid deployment of small cell facility infrastructure and related capital investment in this state by ensuring that municipal corporations grant or deny consent to install, operate, modify, or replace wireless facilities in a timely manner;
(4) Ensure that access to and occupancy or use of public ways advances the state policies specified in sections 4927.02, 4928.02, and 4929.02 of the Revised Code;
(5) Recognize the authority of a municipal corporation to manage access to and the occupancy or use of public ways to the extent necessary with regard to matters of local concern, and to receive cost recovery for the occupancy or use of public ways in accordance with law;
(6) Ensure in accordance with law the recovery by a public utility of public way fees and related costs;
(7) Promote coordination and standardization of municipal management of the occupancy or use of public ways, to enable efficient placement and operation of structures, appurtenances, or facilities necessary for the delivery of public utility or cable services;
(8) Encourage agreement among parties regarding public way fees and regarding terms and conditions pertaining to access to and the occupancy or use of public ways, and to facilitate the resolution of disputes regarding public way fees;
(9) Protect the integrity of the residential and historic locations and ensure that access to and occupancy or use of public ways in such districts is technologically and aesthetically appropriate.
(B) This policy establishes fair terms and conditions for the use of public ways and does not unduly burden persons occupying or using public ways or persons that benefit from the services provided by such occupants or users.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4939 | Use of Municipal Public Way › Section 4939.03 | Prohibited Conduct Concerning Public Ways.

Effective:
August 1, 2018
Latest Legislation:
House Bill 478 - 132nd General Assembly
(A) No person shall occupy or use a public way except in accordance with law.
(B) In occupying or using a public way, no person shall unreasonably compromise the public health, safety, and welfare.
(C)(1) No person shall occupy or use a public way without first obtaining, under this section or section 1332.24 or 4939.031 of the Revised Code, any requisite consent of the municipal corporation owning or controlling the public way.
(2) Except as otherwise provided in division (C) (6) of this section and sections 4939.031 and 4939.036 of the Revised Code, a municipal corporation, not later than sixty days after the date of filing by a person of a completed request for consent, shall grant or deny its consent.
(3) A municipal corporation shall not unreasonably withhold or deny consent.
(4) If a request by a person for consent is denied, the municipal corporation shall provide to the person in writing its reasons for denying the request and such information as the person may reasonably request to obtain consent. If a request for consent is denied for an activity described in section 4939.031 of the Revised Code, the reasons required under this division shall be supported by substantial, competent evidence and the denial of consent shall not unreasonably discriminate against the entity requesting the consent.
(5) Except in the case of a public utility subject to the jurisdiction and recognized on the rolls of the public utilities commission or of a cable operator possessing a valid franchise awarded pursuant to the "Cable Communications Policy Act of 1984," 98 Stat. 2779, 47 U.S.C.A. 541, a municipal corporation, for good cause shown, may withhold, deny, or delay its consent to any person based upon the person's failure to possess the financial, technical, and managerial resources necessary to protect the public health, safety, and welfare.
(6) Initial consent for occupancy or use of a public way shall be conclusively presumed for all lines, poles, pipes, conduits, ducts, equipment, or other appurtenances, structures, or facilities of a public utility or cable operator that, on July 2, 2002, lawfully so occupy or use a public way. However, such presumed consent does not relieve the public utility or cable operator of compliance with any law related to the ongoing occupancy or use of a public way.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4939 | Use of Municipal Public Way › Section 4939.031 | Small Cell Facilities and Wireless Support Structures; Requests for Consent From Micro Wireless Facilities.

Effective:
August 1, 2018
Latest Legislation:
House Bill 478 - 132nd General Assembly
(A) Subject to section 4939.0314 of the Revised Code and approval of an application under this section, an operator may, as a permitted use not subject to zoning review or approval, collocate a small cell facility and construct, maintain, modify, operate, or replace wireless support structures in, along, across, upon, and under the public way. An operator shall comply with generally applicable standards that are consistent with this chapter and adopted by a municipal corporation for construction and public safety in a public way. All structures and facilities shall be constructed and maintained so as not to impede or impair public safety or the legal use of the public way by the municipal corporation, the traveling public, or other public utilities.
(B) A municipal corporation, not later than ninety days after the date of filing by an entity of a completed request for consent under divisions (B)(1) and (2) of this section or one hundred twenty days under division (B)(3) of this section to be done in a public way, shall, subject to this chapter, grant or deny its consent to:
(1) Collocate small cell facilities on a wireless support structure;
(2) Replace or modify a small cell facility on a wireless support structure, if consent is required under this section;
(3) Construct, modify, or replace a wireless support structure associated with a small cell facility.
(C) If a municipal corporation fails to approve or deny a request for consent under this section or a request for a relevant work permit within the required time period, provided the time period is not tolled under section 4939.036 of the Revised Code, the request shall be deemed granted upon the requesting entity providing notice to the municipal corporation that the time period for acting on the request has lapsed.
(D) Except as provided in division (B) of section 4939.0311 of the Revised Code, this chapter, and any franchise, pole attachment, or other agreements between a municipal corporation and a cable operator or public utility, a municipal corporation shall not require any zoning or other approval, consent, permit, certificate, or condition for the construction, replacement, location, attachment, or operation of a small cell facility in the public way, or otherwise prohibit or restrain the activities as described in this section.
(E) For purposes of submitting a request for municipal corporation consent under this section, "operator" also includes any person that, at the time of filing the request, provides the municipal corporation the person's written authorization to perform the specific work for which consent has been requested on behalf of an operator.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4939 | Use of Municipal Public Way › Section 4939.032 | Applications for Requests for Consent.

Effective:
August 1, 2018
Latest Legislation:
House Bill 478 - 132nd General Assembly
Applications for requests for consent pursuant to section 4939.03 or 4939.031 of the Revised Code shall include the name of the person who owns or will own the small cell facility or wireless support structure for which consent is requested. A permit or other record of consent issued by a municipal corporation that authorizes the use of the public way pursuant to section 4939.03 or 4939.031 of the Revised Code shall include the name of the person who owns or will own the facility or structure.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4939 | Use of Municipal Public Way › Section 4939.033 | Request for Consent to Collocate.

Effective:
August 1, 2018
Latest Legislation:
House Bill 478 - 132nd General Assembly
A person who is not an operator under section 4939.031 of the Revised Code shall request, pursuant to and in accordance with the requirements of section 4939.03 of the Revised Code, municipal corporation consent to collocate a small cell facility and construct, maintain, modify, operate, or replace wireless support structures in, along, across, upon, and under a public way.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4939 | Use of Municipal Public Way › Section 4939.037 | Applicability of Regulations.

Effective:
August 1, 2018
Latest Legislation:
House Bill 478 - 132nd General Assembly
Nothing in this chapter precludes a municipal corporation from applying its generally applicable health, safety, and welfare regulations when granting consent for a small cell facility or wireless support structure.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4939 | Use of Municipal Public Way › Section 4939.038 | Eligible Facilities Request.

Effective:
August 1, 2018
Latest Legislation:
House Bill 478 - 132nd General Assembly
Notwithstanding sections 4939.031 to 4939.037 of the Revised Code, a municipal corporation shall approve within sixty days, and may not deny, an eligible facilities request under 47 C.F.R. 1.40001.
2023 Ohio Revised Code › Title 49 | Public Utilities › 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.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4939 | Use of Municipal Public Way › Section 4939.0311 | Consent Not Required.

Effective:
August 1, 2018
Latest Legislation:
House Bill 478 - 132nd General Assembly
(A) Consent of a municipal corporation shall not be required for either of the following activities conducted in the public way:
(1) Routine maintenance of wireless facilities;
(2) The replacement of wireless facilities with wireless facilities that are consistent with the municipal corporation's current design guidelines and that are either of the following:
(a) Substantially similar to the existing wireless facilities;
(b) The same size or smaller than the existing wireless facilities.
(B) A municipal corporation may require a work permit for any activity described in division (A) of this section and for any activity for which consent is authorized under section 4939.031 of the Revised Code. Any such permit shall be subject to any applicable law in this chapter.
(C) Notwithstanding the amendments and enactments made to sections 4939.01 to 4939.09 of the Revised Code by H.B. 478 of the 132nd General Assembly, a cable or video service provider shall not be required to obtain permits from a municipal corporation or to pay fees, with the exception of work permits and associated fees, to place, operate, maintain, or replace micro wireless facilities pursuant to an existing franchise or video service authorization under Chapter 1332. of the Revised Code; nor shall a holder of an existing franchise or video service authorization be required to obtain additional authorizations or to pay additional fees for the placement of micro wireless facilities already covered under an existing franchise or video service authorization under Chapter 1332. of the Revised Code.
(D) The permitting procedures and authorizations set forth in the amendments and enactments made to sections 4939.01 to 4939.09 of the Revised Code by H.B. 478 of the 132nd General Assembly shall apply only to the placement of small cell facilities and wireless support structures in the public way, and do not authorize the construction and operation of a wireline backhaul facility.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4939 | Use of Municipal Public Way › Section 4939.0312 | Consolidated Requests.

Effective:
August 1, 2018
Latest Legislation:
House Bill 478 - 132nd General Assembly
(A) A municipal corporation shall permit a person seeking to construct, modify, collocate, or replace more than one small cell facility or more than one wireless support structure within the jurisdiction of a single municipal corporation to file, at the person's discretion, a consolidated application for consent under section 4939.031 of the Revised Code for up to thirty small cell facilities requests in a single application or up to thirty wireless support structure requests in a single application and receive a single permit for the construction, modification, collocation, or replacement of the small cell facilities or wireless support structures. However, this single application may only address multiple small cell facilities or multiple wireless support structures if they each involve substantially the same type of small cell facilities or substantially the same type of wireless support structures. A municipal corporation may separately address small cell facility collocations or wireless support structures for which incomplete information has been received or which are denied.
(B) In the case of a consolidated application, the fees provided for in section 4939.0316 of the Revised Code may be cumulative. However, a municipal corporation, at its discretion, may opt to reduce such fees in order to encourage persons to submit consolidated applications.
(C) In the case of a consolidated application, each small cell facility or wireless support structure proposed to be constructed, modified, collocated on, or replaced shall constitute a separate request for consent for purposes of tolling the response deadline as authorized under section 4939.036 of the Revised Code. A request by a single operator for a new or replacement support structure and associated small cell facility constitutes one request.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4939 | Use of Municipal Public Way › Section 4939.0315 | Moratorium Prohibited.

Effective:
August 1, 2018
Latest Legislation:
House Bill 478 - 132nd General Assembly
No municipal corporation may institute a moratorium on the filing, acceptance of filings, consideration, or approval of requests for consent described in section 4939.031 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4939 | Use of Municipal Public Way › Section 4939.0316 | Fees.

Effective:
August 1, 2018
Latest Legislation:
House Bill 478 - 132nd General Assembly
Any fee charged by a municipal corporation under section 4939.031 of the Revised Code for granting or processing an application for consent shall not exceed a one-time fee of two hundred fifty dollars per small cell facility. Beginning on the effective date of this section, a municipal corporation may adjust this fee ten per cent every five years, rounded to the nearest five dollars. During each five-year period, the adjustment may be applied incrementally or as a single adjustment.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4939 | Use of Municipal Public Way › Section 4939.0317 | Duration of Approval Term.

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.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4939 | Use of Municipal Public Way › Section 4939.0329 | Construction, Modification, or Maintenance of Oversized Pole or Wireless Support Structure Under Public Way.

Effective:
August 1, 2018
Latest Legislation:
House Bill 478 - 132nd General Assembly
A person may construct, modify, or maintain a utility pole or wireless support structure along, across, and under a public way in excess of the size limits, to the extent permitted by the municipal corporation's applicable regulations.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4939 | Use of Municipal Public Way › Section 4939.04 | Management, Regulation, and Administration of Public Ways by Municipal Corporations.

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.