reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-9 - Complaint Proceedings › Section 4901-9-01 - Complaint proceedings

Current through all regulations passed and filed through July 1, 2024
(A) Except in unusual circumstances, any
			 customer or consumer with a service or billing problem should first contact the
			 public utility to attempt to resolve the problem. If that attempt is
			 unsuccessful, the customer or consumer is encouraged to contact the
			 commission's call center prior to the filing of a formal complaint. If a
			 customer or consumer bypasses the commission's call center and files a formal
			 complaint, the commission's legal department may refer the complaint to the
			 commission's call center for an opportunity to resolve the issue before
			 formally proceeding with the complaint.
(B) All complaints filed
			 before the commission,
			 except complaints filed by a public utility concerning a matter affecting its
			 own product or service, shall be in writing and shall contain the name of the
			 public utility complained against, a statement which clearly explains the facts
			 which constitute the basis of the complaint, and a statement of the relief
			 sought. Sample complaint forms may be obtained by contacting the commission's
			 service monitoring and enforcement department.  Upon receipt of such a complaint,
			 the docketing division shall serve a copy of the complaint upon the public
			 utility complained against, together with instructions to file an answer with
			 the commission in accordance with the provisions of this rule.
			 Whether or not a public utility files a motion to
			 dismiss,
								the public utility complained against shall file
			 
								an answer
			 with the commission within twenty days after the mailing of the complaint, or
			 such period of time as directed by the commission, the legal director, the
			 deputy legal director, or an ALJ.
(C) Each defense to a complaint shall be
			 asserted in an answer. In addition, the following defenses or assertions may,
			 at the option of the public utility complained against, also be raised by
			 motion:
(1) Lack of jurisdiction over the
			 subject matter.
(2) Lack of
			 jurisdiction over the person.
(3)
			 Failure to set forth reasonable grounds for complaint.
(4) Satisfaction of the complaint or
			 settlement of the case.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-1 - Utility Tariffs; Underground Utility Protection Service Registration › Section 4901:1-1-01 - Consumer information

Current through all regulations passed and
			 filed through July 1, 2024
Upon a consumer's request, a public utility shall provide a
				copy of the consumer's contract or of the company's applicable tariffed rules
				and regulations in the format requested by the consumer, i.e., via
				email,
				internet website, fax, or first class mail. Unless the consumer agrees to
				another date, the public utility shall provide the information within five
				business days. Paper copies of any items requested 
								may be provided
				at cost. This rule does not apply to any industry for which the commission has
				prescribed a more specific rule regarding the requirement to make available a
				company's tariff.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-1 - Utility Tariffs; Underground Utility Protection Service Registration › Section 4901:1-1-02 - Underground utility protection service registration

Current
			 through all regulations passed and filed through July 1,
			 2024
Public authorities, as defined by division (A)(2) of section
				153.64 of the Revised Code,
				desiring information about a registered underground utility protection service,
				can obtain such information by contacting the docketing division of the public
				utilities commission.
Click
				to view Appendix
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-1 - Utility Tariffs; Underground Utility Protection Service Registration › Section 4901:1-1-03 - Duty to disclose tariffs

Current through all regulations
			 passed and filed through July 1, 2024
(A) Definitions. For purposes of this rule,
			 and this rule only, the following applies:
(1) "A utility" is:
(a) An electric light company as defined by
			 division (C) of section
			 4905.03 of the Revised
			 Code;
(b) A gas company or a
			 natural gas company, as defined by divisions (D)
			 and (E) of section 4905.03 of the Revised Code, having more than five thousand customers;
			 or
(c) A water-works company or
			 sewage disposal system, as defined by divisions
			 (G) and (M) of section
			 4905.03 of the Revised Code, having more than five thousand customers.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-2 - Protection of Underground Utility Facilities › Section 4901:1-2-02 - Purpose and scope

Current through all regulations passed and
			 filed through July 1, 2024
(A)
								 This chapter is
			 adopted in compliance with, and under the authority of, division (B) of section
			 4913.45 and division (F) of
			 section 121.22 of the Revised
			 Code.
(B)
								 This chapter establishes rules for the committee and
			 for the protection of underground utility facilities pursuant to Chapter 4913.
			 of the Revised Code.
(C)
								 This chapter shall apply to all persons with duties
			 and obligations under sections
			 153.64,
			 3781.27, and
			 3781.28 to
			 3781.32 of the Revised Code and
			 divisions (A) and (B) of section
			 3781.26 of the Revised
			 Code.
(D)
								 The commission may, upon application or motion, waive
			 any requirement of this chapter, other than a requirement mandated by statute,
			 for good cause shown.
Effective: 12/4/2015
Five Year
				Review (FYR) Dates: 11/30/2020
Promulgated Under:
				111.15
Statutory
				Authority: 4913.45
Rule
				Amplifies: 4913.45
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-2 - Protection of Underground Utility Facilities › Section 4901:1-2-03 - Duties of the committee

Current through all regulations passed and
			 filed through July 1, 2024
The committee shall do the
				following:
(A)
								 Coordinate with the commission in carrying out its
			 duties under Chapter 4913. of the Revised Code.
(B)
								 Provide subject
			 matter expertise when requested during inquiries conducted under section
			 4913.09 of the Revised
			 Code.
(C)
								 Review reports in accordance with section
			 4913.15 of the Revised
			 Code.
(D)
								 Make recommendations under sections
			 4913.15 and
			 4913.16 of the Revised
			 Code.
(E)
								 Perform any additional duties as may be required under
			 Chapter 4913. of the Revised Code.
Effective: 12/4/2015
Five Year
				Review (FYR) Dates: 11/30/2020
Promulgated Under:
				111.15
Statutory
				Authority: 4913.45
Rule
				Amplifies: 3781.36
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-2 - Protection of Underground Utility Facilities › Section 4901:1-2-05 - Meetings of the committee

Current through all regulations passed
			 and filed through July 1, 2024
(A)
								 All meetings of
			 the committee shall be open and accessible to the public. For the purpose of
			 this rule, the term "meeting" shall mean any prearranged discussion of the
			 public business of the committee by a majority of its members. Consistent with
			 division (B) of section
			 3781.36 of the Revised Code, a
			 majority of committee members constitutes a quorum.
(B)
								 The committee
			 may conduct meetings in person, by teleconference, or by video
			 conference.
(C)
								 The committee shall meet as necessary to carry out its
			 duties and meet the time-period requirements of division (B) of section
			 4913.15 of the Revised Code, but
			 not less than once every three months.
(D)
								 The committee
			 may hold an executive session for the sole purpose of the consideration of a
			 matter contained in division (G) of section
			 121.22 of the Revised Code. Such
			 executive session may be held only at a regular or special meeting for which
			 notice has been given in accordance with rule
			 4901:1-2-08
			 of the Administrative Code, and only after a majority of a quorum of the
			 committee determines, by a roll call vote, to hold such a
			 session.
(E)
								 Meetings of the committee may be recessed for up to
			 three business days.
Effective: 12/4/2015
Five Year
				Review (FYR) Dates: 11/30/2020
Promulgated Under:
				111.15
Statutory
				Authority: 4913.45
Rule
				Amplifies: 3781.342
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-2 - Protection of Underground Utility Facilities › Section 4901:1-2-06 - Voting procedures

Current through all regulations passed and
			 filed through July 1, 2024
(A)
								 Each member of
			 the committee shall have one vote.
(B)
								 There shall be
			 majority vote of the full committee, with at least one of the
			 commercial-excavator members voting with the majority, for the committee to do
			 any of the following:
(1)
									 Recommend a fine, penalty, or a combination of fines
			 and penalties under section
			 4913.15 or section
			 4913.16 of the Revised
			 Code.
(2)
									 Determine, under section
			 4913.15 or section
			 4913.16 of the Revised Code,
			 that no enforcement action should be taken.
(3)
									 Request a
			 hearing under section
			 4913.19 of the Revised
			 Code.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-2 - Protection of Underground Utility Facilities › Section 4901:1-2-07 - Types of meetings

Current through all regulations passed and
			 filed through July 1, 2024
(A)
								 A regularly
			 scheduled meeting is one in which members of the committee are informed of the
			 meeting at least five days prior to the start of the meeting.
(B)
								 A special
			 meeting is one in which members are informed less than five days but more than
			 twenty-four hours prior to the start of the meeting.
(C)
								 An emergency
			 meeting is one in which members are informed less than twenty-four hours prior
			 to the start of the meeting.
Effective: 12/4/2015
Five Year
				Review (FYR) Dates: 11/30/2020
Promulgated Under:
				111.15
Statutory
				Authority: 4913.45
Rule
				Amplifies: 4913.45
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-2 - Protection of Underground Utility Facilities › Section 4901:1-2-08 - Notice of meetings to the public

Current through all regulations
			 passed and filed through July 1, 2024
(A)
								 Any person may
			 determine the time, place, and purpose of all upcoming regular, special, and
			 emergency meetings of the committee by:
(1)
									 Writing to the
			 following address: "Underground Technical Committee Coordinator, Service
			 Monitoring and Enforcement Department, Public Utilities Commission of Ohio, 180
			 East Broad Street, Columbus, Ohio 43215."
(2)
									 Contacting the
			 commission via telephone, 800-686-7826, during normal business
			 hours.
(3)
									 Consulting the commission's web site at
www.puco.ohio.gov
.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-2 - Protection of Underground Utility Facilities › Section 4901:1-2-09 - Registration requirements

Current through all regulations passed
			 and filed through July 1, 2024
(A)
								 Each utility,
			 excavator, developer, and designer who participates in the one-call
			 notification system in the current or previous calendar year shall receive
			 notice from the commission to pay a safety registration fee not to exceed fifty
			 dollars annually, which the commission may lower if the commission determines
			 lowering the registration to be necessary.
(B)
								 To recognize
			 compliance, the commission may charge a discounted safety registration fee to
			 those registrants that have no fines or penalties assessed against them in the
			 previous calendar year.
(C)
								 The registration year shall be the calendar year and
			 registration will be accomplished through payment by the due date of the
			 invoice issued by the commission.
(D)
								 Subject to
			 section 119.14 of the Revised Code,
			 failure to pay the registration fee shall result in a fine of not more than two
			 thousand five hundred dollars.
(E)
								 The commission
			 shall deposit all safety registrations and fines collected under this section
			 in the underground facilities protection administrative fund created under
			 section 4913.30 of the Revised
			 Code.
Effective: 12/4/2015
Five Year
				Review (FYR) Dates: 11/30/2020
Promulgated Under:
				111.15
Statutory
				Authority: 4913.45
Rule
				Amplifies: 4913.03,
				4913.30
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-2 - Protection of Underground Utility Facilities › Section 4901:1-2-10 - Service during the investigation of an alleged compliance failure

Current through all regulations passed and filed through July 1,
			 2024
During the investigation of an alleged
				compliance failure:
(A)
								 Unless provided otherwise by this chapter, service
			 upon the staff may be made by ordinary or certified United States mail, by
			 courier service, by facsimile transmission, or by personal service upon the
			 coordinator.
Service is effective upon receipt
				except that service by United States mail is complete upon mailing and service
				by facsimile transmission is complete upon transmission.
(B)
								
			 Service upon the participants shall be made by ordinary or certified United
			 States mail, by courier service, by facsimile transmission, by electronic mail,
			 or by personal service. Service is effective upon receipt by any person, except
			 that service by ordinary or certified United States mail is effective upon
			 mailing and service by facsimile transmission or email is complete upon
			 transmission. Service by email may be made only if the person to be served has
			 consented to receive service by email. Service upon the participants by
			 ordinary or certified United States mail shall be made at any of the
			 following:
(1)
									
			 If the participant is a natural person at the address listed on the inquiry
			 report.
(2)
									 If the participant is other than a natural
			 person:
(a)
										 If
			 the participant has provided any information to the staff or to the committee,
			 at the address indicated in this communication.
(b)
										 If the
			 participant wants to have notices or requests for inquiries served at a
			 particular address, the participant may contact the commission and request
			 service at such a specific address.
(c)
										 If the
			 participant is a business entity, and whose address is not otherwise disclosed,
			 at any business address of the participant.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-2 - Protection of Underground Utility Facilities › Section 4901:1-2-11 - Inquiry procedures

Current through all regulations passed and
			 filed through July 1, 2024
(A)
								 An aggrieved
			 person may request an inquiry with the staff. The request for inquiry must be
			 made no later than ninety days after discovering the alleged compliance
			 failure. A request for inquiry shall not, by itself, cause the creation of a
			 formal proceeding at the commission. A request for inquiry shall state, at a
			 minimum and with particularity:
(1)
									 Name of the respondent.
(2)
									 Date of the
			 compliance failure.
(3)
									 Nature of the compliance failure.
(4)
									 Location of the
			 compliance failure.
(5)
									 Any other information that the requestor considers
			 relevant.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-2 - Protection of Underground Utility Facilities › Section 4901:1-2-12 - Guidelines for consistent application of fines and penalties

Current through all regulations passed and filed through July 1,
			 2024
In determining a fine or penalty
				recommendation or whether no enforcement action should be taken under section
				4913.15,
				4913.16,
				4913.171,
				4913.19, or
				4913.25 of the Revised Code, the
				committee, the commission, and the staff, as applicable, shall consider the
				following factors, as they apply:
(A)
								 The person's
			 demonstrated history of one-call, design, and excavation practices, including
			 the following:
(1)
									 The number of locate requests received and responded
			 to.
(2)
									 The number of locates completed.
(3)
									 The number of
			 one calls placed.
(4)
									 The number of excavations completed.
(5)
									 The number of
			 design or development projects.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-2 - Protection of Underground Utility Facilities › Section 4901:1-2-13 - Notice of a completed report of inquiry

Current through all
			 regulations passed and filed through July 1, 2024
(A)
								 Within ten
			 business days of receiving from the committee either a recommendation to impose
			 a fine or penalty or a determination that no enforcement action should be
			 taken, the staff will serve upon the participants a letter notifying the
			 participants of any fine or penalty or of a no-enforcement determination.
			 Service of the letter is effective upon mailing by ordinary or certified United
			 States mail. The letter shall include all of the following, as
			 applicable:
(1)
									 The date of the compliance failure.
(2)
									 The citation to
			 the statute that was not complied with.
(3)
									 A brief
			 description of the compliance failure.
(4)
									 The fine or
			 penalty to be imposed, if any.
(5)
									 Instructions on
			 how the person may file for reconsideration under section
			 4913.25 of the Revised Code and
			 how to make a timely filing.
(6)
									 A statement that
			 failure to file for reconsideration under section
			 4913.25 of the Revised Code will
			 make any findings final and enforceable.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-2 - Protection of Underground Utility Facilities › Section 4901:1-2-14 - Default

Current through all regulations passed and filed through July 1,
			 2024
(A)
								 The respondent upon whom a letter has been served in
			 accordance with paragraph (A) of rule
			 4901:1-2-13
			 of the Administrative Code who fails within sixty days to pay the fine or who
			 fails to begin compliance with the penalty within thirty days after the letter
			 shall be in default unless reconsideration in accordance with section
			 4913.25 of the Revised Code is
			 requested. A person responsible for a compliance failure in default shall be
			 deemed to have admitted the occurrence of the violation and waived all further
			 right to contest liability under Chapter 4913. of the Revised Code for the fine
			 or penalty set forth in the letter or to further contest the fine or penalty
			 through a request for reconsideration.
(B)
								 The attorney
			 general, upon the written request of the commission, shall bring a civil action
			 in the court of common pleas of Franklin county to collect a fine or enforce a
			 penalty assessed under this section.
Effective: 12/4/2015
Five Year
				Review (FYR) Dates: 11/30/2020
Promulgated Under:
				111.15
Statutory
				Authority: 4913.45
Rule
				Amplifies: 4913.22
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-2 - Protection of Underground Utility Facilities › Section 4901:1-2-15 - Requests for reconsideration

Current through all regulations
			 passed and filed through July 1, 2024
(A)
								 Not later than
			 thirty days after receiving notice under rule
			 4901:1-2-13
			 of the Administrative Code, either the person that requested the inquiry or the
			 respondent may file a written application for reconsideration with the
			 commission. The application for reconsideration must state with particularity
			 the grounds for reconsideration.
(B)
								 Any person
			 opposing an application for reconsideration shall have fifteen days to file a
			 memorandum contra with the commission.
(C)
								 The staff shall
			 have thirty days after the filing of the application for reconsideration to
			 file a responsive pleading.
(D)
								 In all other
			 respects, the procedural requirements set forth in Chapter 4901-1 of the
			 Administrative Code shall apply to the reconsideration proceeding before the
			 commission.
(E)
								 On reconsideration, the commission shall affirm,
			 reject, or modify the finding of the committee and shall impose any fine or
			 penalty authorized or take no enforcement action in accordance with section
			 4913.25 of the Revised
			 Code.
Effective: 12/4/2015
Five Year
				Review (FYR) Dates: 11/30/2020
Promulgated Under:
				111.15
Statutory
				Authority: 4913.45
Rule
				Amplifies: 4913.25
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-2 - Protection of Underground Utility Facilities › Section 4901:1-2-16 - Rehearing

Current through all regulations passed and filed through July 1,
			 2024
Pursuant to section
				4913.251 of the Revised Code, a
				reconsideration order issued under section
				4913.25 of the Revised Code is
				subject to the rehearing and appeal process under Chapter 4903. of the Revised
				Code.
Effective: 12/4/2015
Five Year
				Review (FYR) Dates: 11/30/2020
Promulgated Under:
				111.15
Statutory
				Authority: 4913.45
Rule
				Amplifies: 4913.251
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-2 - Protection of Underground Utility Facilities › Section 4901:1-2-17 - Hearings

Current through all regulations passed and filed through July 1,
			 2024
All hearings conducted by the
				commission under Chapter 4913. of the Revised Code and the process described in
				section 4913.251 of the Revised Code
				shall be conducted in a manner consistent with Chapter 4903. of the Revised
				Code.
Effective: 12/4/2015
Five Year
				Review (FYR) Dates: 11/30/2020
Promulgated Under:
				111.15
Statutory
				Authority: 4913.45
Rule
				Amplifies: 4913.252
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-2 - Protection of Underground Utility Facilities › Section 4901:1-2-18 - Payment of fines

Current through all regulations passed and
			 filed through July 1, 2024
Any fine shall be paid in a manner
				determined by the commission. Payment shall contain the identifying case number
				of the violation for which payment is tendered. Payment is complete upon
				receipt by the staff.
Effective: 12/4/2015
Five Year
				Review (FYR) Dates: 11/30/2020
Promulgated Under:
				111.15
Statutory
				Authority: 4913.45
Rule
				Amplifies: 4913.27,
				4913.29
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-2 - Protection of Underground Utility Facilities › Section 4901:1-2-19 - Damage prevention grant program procedures

Current through
			 all regulations passed and filed through July 1, 2024
(A)
								 The commission
			 may administer an underground utility damage prevention grant program, subject
			 to availability of funds, to provide grants for qualified purposes.
(1)
									 Qualified
			 purposes include:
(a)
										 Public awareness programs established by a protection
			 service.
(b)
										 Training and education programs for excavators,
			 operators, designers, persons who locate underground utility facilities, or
			 other persons.
(c)
										 Programs providing incentives for excavators,
			 operators, persons who locate underground utility facilities, or other persons
			 to reduce the number and severity of compliance failures.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-2 - Protection of Underground Utility Facilities › Section 4901:1-2-20 - Annual report to the general assembly

Current through all
			 regulations passed and filed through July 1, 2024
In accordance with section
				4913.43 of Revised Code, the
				commission shall submit to the general assembly an annual report regarding the
				activities of the commission and committee for the previous calendar year. The
				report shall include, but shall not be limited to:
(A)
								 The number of
			 registrations pursuant to division (A) of section
			 4913.03 of the Revised
			 Code.
(B)
								 The number of investigations conducted by the
			 commission pursuant to section
			 4913.09 of the Revised
			 Code.
(C)
								 The number of inquiries submitted to the committee
			 pursuant to section 4913.13 of the Revised
			 Code.
(D)
								 The number of the committee's recommendations pursuant
			 to section 4913.15 of the Revised Code for
			 the inquiries submitted to them over the previous calendar
			 year.
(E)
								 Accounting of funds received through enrollments,
			 penalties, fines, and forfeitures.
(F)
								 Accounting of
			 funds distributed through the utility damage prevention grant
			 program.
(G)
								 The membership activities of the committee for the
			 previous year.
(H)
								 Any other pertinent information, excluding
			 confidential information, the commission believes will be helpful to the
			 general assembly in the review of this report.
Effective: 12/4/2015
Five Year
				Review (FYR) Dates: 11/30/2020
Promulgated Under:
				111.15
Statutory
				Authority: 4913.45
Rule
				Amplifies: 4913.43
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-3 - Attachments to Utility Equipment or Rights of Way › Section 4901:1-3-02 - Purpose and scope

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) Each
			 citation contained within this chapter that is made to either a section of the
			 United States code or a regulation in the code of federal regulations is
			 intended to incorporate
			 by reference the particular version of the cited matter as effective on March
			 1, 2021.
(B) This chapter
			 establishes rules for the provision of attachments to a pole, duct, conduit, or
			 right-of-way owned or controlled by a utility under rates, terms, and
			 conditions that are just and reasonable. Ohio has elected to regulate this area
			 pursuant to 47 U.S.C.
			 224(c)(2).
(C) The obligations found in this
			 chapter apply to:
(1) All public utilities pursuant to
			 47 U.S.C.
			 224(c) through (i),
			 47 U.S.C.
			 253(c), as effective in
			 paragraph (A) of this rule, and section
			 4905.51 of the Revised Code;
			 and
(2) A telephone company and
			 electric light company that is a public utility pursuant to section
			 4905.71 of the Revised
			 Code.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-3 - Attachments to Utility Equipment or Rights of Way › Section 4901:1-3-03 - Access to poles, ducts, conduits, and rights-of-way

Current
			 through all regulations passed and filed through July 1,
			 2024
(A) Duty to provide
			 access and  notifications
(1) A public utility will comply with the
			 duty to provide access and notifications pursuant to
			 47 C.F.R
			 1.1403, as effective in paragraph (A) of rule
			 4901:1-3-02 of the
			 Administrative Code.
(2)
									Pursuant to
			 47 C.F.R.
			 1.1403(d)
									
									an
			 attaching entity may file with the commission a petition for temporary stay of
			 action contained in a notice received pursuant to
			 47 C.F.R.
			 1.1403(c), as effective in
			 paragraph (A) of rule
			 4901:1-3-02 of the
			 Administrative Code. If the
			 commission does not rule on a petition  pursuant to this paragraph within thirty days
			 after the filing of the answer, the petition 
									will be deemed
			 denied unless suspended.
(3) If the
			 public utility establishes or adopts an electronic notification system, the
			 attaching entity 
									will participate in the electronic notification
			 to qualify under this chapter.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-3 - Attachments to Utility Equipment or Rights of Way › Section 4901:1-3-05 - Complaints

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) Any
			 attaching entity may file a complaint against a public utility pursuant to
			 section 4905.26 or
			 4927.21 of the Revised Code, as
			 applicable, to address claims that it has been denied access to a public
			 utility pole, duct, conduit, or right-of-way in violation of section
			 4905.51 of the Revised Code or
			 47 U.S.C.
			 224, as effective in paragraph (A) of rule
			 4901:1-3-02 of the
			 Administrative Code; and/or that a rate, term, or condition for a pole
			 attachment are not just and reasonable. The provisions and procedures set forth
			 in sections 4905.26 and
			 4927.21 of the Revised Code, and
			 Chapters 4901-1 and 4901-9 of the Administrative Code,
			  apply. The commission shall issue a
			 decision resolving issue(s) presented in a complaint filed pursuant to this
			 rule within a reasonable time not to exceed three hundred sixty days after the
			 filing of the complaint.
(B) In
			 complaint proceedings challenging the rates, terms, and conditions of existing
			 joint use agreements between public utilities, there is a presumption that such
			 rates, terms, and conditions are just and reasonable. A public utility can
			 rebut this presumption by a preponderance of the evidence demonstrating that a
			 rate, term, or condition is not just and reasonable.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-3 - Attachments to Utility Equipment or Rights of Way › Section 4901:1-3-06 - Mediation and arbitration of agreements

Current through all
			 regulations passed and filed through July 1, 2024
All public utilities have the duty to
				provide nondiscriminatory access to poles, ducts, conduits, and rights-of-way
				consistent with paragraph (A)(1) of rule
				4901:1-3-03
				of the Administrative Code. If parties are unable to reach an agreement on
				rates, terms, or conditions regarding access to poles, ducts, conduits, and
				rights-of-way, either party may petition the commission to mediate or arbitrate
				such agreement according to procedures established in rules
				4901:1-7-08
				to
				4901:1-7-10
				of the Administrative Code.
Replaces: 4901:1-1-7-23
Effective: 1/8/2015
Five Year Review (FYR) Dates:
				01/08/2020
Promulgated
				Under: 111.15
Statutory
				Authority: 4901.13
Rule
				Amplifies: 4905.04,
				4905.05,
				4905.06
Prior
				Effective Dates: 11/30/2007
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-5 - Furnishing of Intrastate Telecommunications Service by Local Exchange Companies › Section 4901:1-5-20 - Minimum service, quality and adequacy of service levels for local service providers. [Rescinded]

Current through all regulations passed and
			 filed through July 1, 2024
Rescinded eff 1-1-08
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-6 - Retail Telecommunication Services › Section 4901:1-6-02 - Purpose and scope

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
				4901:1-6-02 of the
				Administrative Code.]
(A) The rules
			 set forth in Chapter 4901:1-6 of the Administrative Code, apply to all
			 incumbent local exchange carriers (ILECs), competitive local exchange carriers
			 (CLECs), and other providers of telecommunication services, unless otherwise
			 specified in this chapter or commission order.
(B) A wireless service provider and a
			 reseller of wireless service are exempt from all rules in Chapter 4901:1-6 of
			 the Administrative Code, except rules
			 4901:1-6-24(wireless service
			 provisions), 4901:1-6-09, eligible telecommunications carrier (ETC),
			 4901:1-6-19, lifeline requirements for ETCs (where the wireless service
			 provider or reseller of wireless service has attained ETC status), and
			 4901:1-6-36, telecommunications relay service.
(C) A provider of interconnected voice over
			 internet protocol-enabled service is exempt from all rules in Chapter 4901:1-6
			 of the Administrative Code, except for rule
			 4901:1-6-36(TRS).
(D) A provider of any telecommunications
			 service that is not commercially available as of September 13, 2010, and that
			 employs technology that became available for commercial use only after
			 September 13, 2010, is exempt from all rules set forth in Chapter 4901:1-6 of
			 the Administrative Code, except for rule
			 4901:1-6-36(TRS), in the event
			 such provider is subsequently required under federal law to provide to its
			 customers access to telecommunications relay service.
(E) The commission may, upon
			 a party's detailed application or
			  motion containing
			 the requested waiver period, waive any requirement of this chapter, for
			 good cause shown, other than a requirement mandated by statute from which no
			 waiver is permitted.
(F) Waiver requests are
			 not deemed to be granted unless approved by order of the commission. Waiver
			 requests made in proceedings which have an automatic approval time frame will
			 toll any automatic approval time frames set forth in rule
			 4901:1-6-05 of the
			 Administrative Code.
(G) Each citation
			  within this chapter that is made
			 either to a section of the United States Code or a regulation in the code of
			 federal regulation is intended, to incorporate by reference the particular version of the cited
			 matter that was effective on July 1, 2022.
(H)
								Telephones companies shall follow all applicable
			 federal statutes and regulations.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-6 - Retail Telecommunication Services › Section 4901:1-6-03 - Investigation and monitoring

Current through all regulations passed
			 and filed through July 1, 2024
Consistent with applicable law, nothing contained within this
				chapter
								precludes the commission or its staff
				from:
(A) Requiring a telephone
			 company to furnish additional information necessary to carry out its authority
			 under Title 49 of the Revised Code.
(B) Monitoring a telephone company's
			 compliance with the law or any of the commission's rules and orders.
(C) Initiating an investigation into a
			 telephone company's compliance with the law or any of the commission's rules
			 and orders.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-6 - Retail Telecommunication Services › Section 4901:1-6-04 - Application and notice filings

Current through all regulations
			 passed and filed through July 1, 2024
(A) For all applications
			  filed under this chapter, a
			 telephone company shall complete the most
			 up-to-date telecommunications filing form for telephone-related applications
			 and notice filings. This form may change from time-to-time without further
			 commission entry. Commission staff will maintain a current, updated copy to
			 provide to applicants. The most recent version of the form will be posted on
			 the commission's web site.
(B) Failure to utilize
			 the current telecommunications filing form for any initial filing as well as
			 failure to include the required attachments as outlined on the form may result
			 in immediate dismissal of the application. The commission, the legal director,
			 the deputy legal director, or an attorney examiner has the authority to issue
			 the entry dismissing an application under this rule.
(C) All amendments,
			 motions, and other supplemental pleadings to an open case under these rules
			 need not use the telecommunications filing form, but must clearly state the
			 case number such filings are in reference to.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-6 - Retail Telecommunication Services › Section 4901:1-6-05 - Automatic approval and notice filing process

Current through all
			 regulations passed and filed through July 1, 2024
(A) Many filings pursuant to the rules
			 adopted in this chapter are subject to an automatic approval process or a
			 notice filing. With the exception of zero-day notices, an automatic time frame
			 will begin on the day after a filing is made with the commission's docketing
			 division. Furthermore, under an automatic approval process, if the commission
			 does not take action before the expiration of the filing's applicable time
			 frame, the filing shall be deemed approved and become effective on the
			 following day, or later date if requested by the company. For example, a filing
			 subject to a thirty-day process will, absent suspension or other commission
			 action, become effective on the thirty-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.
(B) A
			 filing subject to the zero-day notice procedure will be effective on the same
			 day the filing is made with the commission. Notice filings are not considered
			 to be commission-approved.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-6 - Retail Telecommunication Services › Section 4901:1-6-06 - Suspensions

Current through all regulations passed and filed through July 1,
			 2024
(A) Unless
			 otherwise provided in law, the commission, legal director, deputy legal
			 director, or attorney examiner may impose a full or partial suspension of any
			 automatic approval process, notice filing, or tariff approved pursuant to this
			 chapter, if such filing is contrary to law or the rules of the
			 commission.
(B) Under this rule, if
			 a tariff filing is contrary to law or the rules of the commission, the
			 commission may require a telephone company to discontinue provision of the
			 affected tariffed telecommunications service(s) or, under partial suspension,
			 cease offering the affected tariffed telecommunications service(s) to new
			 customers, or take other actions with regard to the affected service(s) as the
			 commission may require.
(C) Unless
			 the law specifically precludes suspension of an automatic approval process, a
			 pending application under full or partial suspension will be automatically
			 approved sixty days from the date of suspension if all issues are resolved. If
			 all issues are not resolved by the sixtieth day, the application will be either
			 dismissed by entry or suspended a second time. Any such second suspension shall
			 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.
(1) Under this paragraph, an application
			 under full suspension is entirely precluded from taking effect.
(2) 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 telecommunications service(s) affected by the application.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-6 - Retail Telecommunication Services › Section 4901:1-6-08 - Telephone company certification

Current through all regulations
			 passed and filed through July 1, 2024
(A) Any telephone company desiring to offer
			 telecommunication services in Ohio shall file an application for certification
			 (ACE) with the commission using the most up-to-date telecommunications filing
			 form available from the commission's web site.  The form serves to identify the
			 specific types of telecommunication services the applicant wishes to offer, and
			 to verify the applicant's commitment to comply with all applicable commission
			 rules and regulations.
(B)
			 Paragraph (A) of this rule does not apply to any incumbent local exchange
			 carrier (ILEC) with respect to its geographic service area as that area existed
			 on September 13, 2010. An ILEC or its holding company seeking to operate
			 outside of its geographic service area as that area existed on September 13,
			 2010 shall file an application for certification.
(C) Certificate timeline
(1) Interested persons who can show good
			 cause why such application should not be granted may file with the
			 commission a written statement detailing the reasons, as well as a motion to
			 intervene, within fifteen calendar days after the application is docketed. The
			 applicant may respond to any motion to intervene no later than seven calendar
			 days after the filing and service of the motion.
(2) Absent full or partial suspension,
			 applications seeking certification as a telephone company will be approved in
			 accordance with the thirty-day automatic approval process described in rule
			 4901:1-6-05 of the
			 Administrative Code.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-6 - Retail Telecommunication Services › Section 4901:1-6-09 - Eligible telecommunications carriers

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
				4901:1-6-02 of the
				Administrative Code.]
(A) Competitive
			 eligible telecommunication carrier (CETC)
Pursuant to 47 U.S.C. 214(e),
				upon request and consistent with the public interest, convenience, and
				necessity, the commission may, upon application, designate a CETC where that
				applicant meets the requirements of
				47 U.S.C.
				214,
				47 C.F.R.
				54.201(d) and
				47 C.F.R.
				54.202. The commission may subject such
				designation of CETC authority to additional conditions consistent with the
				public interest, convenience, and necessity.
(B) In order to be designated a CETC pursuant
			 to 47 U.S.C.
			 214(e),
			 an entity
								has to provide the following:
(1)
									An application with the commission
			 demonstrating its compliance with all federal and state CETC and lifeline
			 requirements pursuant to 47
			 C.F.R. 54.201 to
			 209, rule
			 4901:6-19 of the
			 Administrative Code, where applicable, and this rule.
(2)
									The most up-to-date
			 telecommunications filing form and 
			 include all completed exhibits as required by the filing form. Commission staff
			 will maintain a current, updated copy of the CETC
			 filing form with the list of CETC required exhibits. The most recent version of
			 the form will be posted on the commission's website. An application for CETC
			 designation is filed as a TP-UNC case purpose code
			 which is not subject to an automatic approval process.
			 Rather, a CETC designation can be granted only by a commission order approving
			 such request.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-6 - Retail Telecommunication Services › Section 4901:1-6-10 - Competitive emergency services telecommunications carrier certification

Current through all regulations passed and filed through July 1,
			 2024
(A)
								No person may be authorized as a competitive emergency
			 services telecommunications carrier (CESTC) in the state of Ohio,
			 unless it
			 submits
								 an application for
			 certification (ACE) with the items set forth in paragraph (E) of rule
			 4901:1-6-08 of the
			 Administrative Code and any additional items requested by commission staff.
			 No
			 competitive local exchange carrier or
			  incumbent local exchange carrier
			 operating outside of its traditional service area that is seeking to
			 offer CESTC service, subsequent to its initial
			 certification
								is authorized to offer such service unless it
								files a
			 thirty-day ACE seeking CESTC authority,
								 a proposed CESTC tariff, and any additional items requested by commission
			 staff and receives authorization to provide that
			 service.
(B) Certificate
			 timeline
(1)
									Parties seeking to contest the
			 application may interveneas provided by rule
			 4901-1-11 of the Administrative
			 Code on or before fifteen calendar days after the application is
			 filed. The applicant may respond to
			 any motion to intervene not later than seven calendar days after the filing
			 and service of the motion.
(2)
			 Absent full or partial suspension, applications seeking certification as a
			 CESTC will be approved in accordance with the thirty-day automatic approval
			 process described in rule
			 4901:1-6-05 of the
			 Administrative Code.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-6 - Retail Telecommunication Services › Section 4901:1-6-11 - Tariff services

Current through all regulations passed and
			 filed through July 1, 2024
(A) Services required to be tariffed
(1) The rates, terms, and conditions for
			 9-1-1 service provided in this state by a telephone company or a
			 telecommunications carrier, and for each of the following provided by a
			 telephone company, shall be approved and tariffed by the commission and
			  be subject to all applicable laws,
			 including rules or regulations adopted and orders issued by the commission or
			 the federal communications commission:
(a)
			 Basic local exchange service (BLES), including BLES installation and
			 reconnection fees and lifeline service rates or discounts.
(b) Carrier access.
(c) N-1-1 service.
(d) Pole attachments and conduit occupancy
			 under section 4905.71 of the Revised
			 Code.
(e) Pay telephone access
			 lines.
(f) Toll
			 presubscription.
(g) Excess
			 construction charges.
(h) Inmate
			 operator services.
(i)
			 Telecommunications relay service.
Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-6 - Retail Telecommunication Services › Section 4901:1-6-13 - Warm line service

Current through all regulations passed
			 and filed through July 1, 2024
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.
Replaces: 4901:1-5-10
Effective:
				1/20/2011
R.C. 119.032 review dates:
				11/30/2015
Promulgated
				Under: 111.15
Statutory Authority: 4901.13, 4927.03
Rule
				Amplifies: 4927.09
Prior Effective Dates: 4/8/03