[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, and shall serve, 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
, shall 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.
(D) The commission
may, upon
an
a
detailed application or motion containing the requested
waiver period
filed by
a party, waive any requirement of this chapter, other than a
requirement mandated by statute, for good cause shown.
(E) Any party seeking a waiver(s) of
rules contained in this chapter shall specify the period of time for which it
seeks such a waiver(s), and a detailed justification in the form of a motion
filed in accordance with rule
4901-1-12 of the Administrative
Code.
(F)(E) All of the
automatic time frames set forth in this chapter may be suspended pursuant to
directives of the commission or an attorney examiner.
Notes
Ohio Admin. Code
4901:1-3-02
Effective:
6/30/2023
Five Year Review (FYR) Dates:
11/16/2026
Promulgated
Under: 111.15
Statutory Authority: 4901.13
Rule
Amplifies: 4905.04, 4905.05, 4905.06, 4905.51, 4905.71
Prior
Effective Dates: 01/08/2015, 01/31/2022
