Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-3 - Attachments to Utility Equipment or Rights of Way › Section 4901:1-3-04 - Rates, terms, and conditions for poles, ducts, and conduits

Current through all regulations passed and filed through July 1,
			 2024
[Comment: For dates of references to a section of either the
				United States Code or a regulation in the code of federal regulations see rule
				4901:1-3-02 of the
				Administrative Code .]
(A) Rates, terms, and conditions for
			 nondiscriminatory access to poles, ducts, conduits, and right-of-way of a
			 telephone company or electric light company by an entity that is not a public
			 utility are established through tariffs pursuant to section
			 4905.71 of the Revised Code.
			 Initial implementation of such tariff or any subsequent change in the tariffed
			 rates, terms, and conditions for access to poles, ducts, conduits, or
			 rights-of-way 
								will be filed as an application for tariff amendment
			 (ATA) and will be approved in accordance with a sixty-day automatic approval
			 process. Increases to tariffed rates pursuant to this paragraph require
			 customer notice to be sent to all affected attachers concurrent with the filing
			 of the ATA. Any objections to the ATA application should be filed within
			 twenty-one days of its filing. The applicant 
								will  have ten
			 days to file its reply to the stated objections. The tariffed rates, terms and
			 conditions 
								are
			 to be consistent with parameters established in rule
			 4901:1-3-03 of the
			 Administrative Code. Nothing in this chapter prohibits an attaching entity that
			 is not a public utility from negotiating rates, terms, and conditions for
			 access to poles, ducts, conduits, and rights-of-way of a telephone company or
			 electric light company through voluntarily negotiated agreements.
(1) An automatic time frame will begin on the
			 day after a filing is made with the commission's docketing division. Under the
			 automatic approval process, if the commission does not take action before the
			 expiration of the filing's applicable time frame, the filing
			 
									is
			 deemed approved and may become effective on the
			 following day, or a later date if requested by the company. For, example, a
			 filing subject to a sixty-day process will, absent suspension or other
			 commission action, become effective on the sixty-first day after the initial
			 filing is made with the commission. Unless otherwise ordered, any motions not
			 ruled upon by the commission during the filing's applicable time frame are
			 deemed to be denied.
(2) Unless the
			 law specifically precludes suspension of an automatic approval process, a
			 pending application filed with the commission under full or partial suspension
			 will be automatically approved thirty days from the date of suspension if all
			 issues are resolved. If all issues are not resolved by the thirtieth day, the
			 application will be either dismissed by entry or suspended a second time. Any
			 such second suspension 
									will be accompanied by notice to the applicant
			 explaining the rationale for the additional suspension. Applications under a
			 second suspension cannot be approved without a commission entry or
			 order.
(3) Under this paragraph, an
			 application under full suspension is entirely precluded from taking
			 effect.
(4) Under this paragraph,
			 an application under partial suspension is permitted to take effect, in part or
			 in its entirety, under the proposed terms and conditions, subject to further
			 review by the commission. The applicant is put on notice that the commission,
			 subsequent to further review, may modify the rates and/or terms and conditions
			 of tariffed pole, duct, conduit, and rights-of-way access affected by the
			 applications.
(5) A full or partial
			 suspension of tariffed pole, duct, conduit, and rights-of-way access may also
			 be imposed, after an application is approved under the automatic approval
			 process, if an ex post facto determination is made that the tariff is in
			 violation of law or commission rules. Applications proposing to change the rate
			 shall include a calculation sheet, identification of the specific sources of
			 the formula inputs, workpapers, and any company-specific records/data
			 underlying the formula inputs including the appurtenance factor, pole height
			 and pole count.