(A) Duty to provide
access and
required notifications
(1) A
public utility will comply with the
duty to provide access and
required
notification
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
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
, within fifteen days of receipt
of such notice. Such submission shall not be considered unless it includes, in
concise terms, the relief sought, the reasons for such relief, including a
showing of irreparable harm and likely cessation of service and a copy of the
notice. The public utility may file an answer within seven days of the date the
petition for temporary stay was filed. No further filings under this rule will
be considered unless requested or authorized by the commission
. If the
commission does not rule on a petition
filed pursuant to this paragraph within thirty
days
after the filing of the answer, the petition
shall
will be deemed
denied unless suspended.
(3) If the
public utility establishes or adopts an electronic notification system, the
attaching entity must
will participate in the electronic notification
to qualify under this chapter.
(B) Timeline for access to
public utility
poles
(1) Application review and survey:
A public utility or a new attaching entity will comply with the
application review and survey requirements, pursuant to
47 C.F.R
1.1411(c), as effective in
paragraph (A) of rule
4901:1-3-02 of the
Administrative Code.
(2)
Estimate
A public utility or a new attaching entity will comply with the
make-ready estimate requirements pursuant to
47 C.F.R
1.1411(d), as effective in
paragraph (A) of rule
4901:1-3-02 of the
Administrative Code.
(3)
Make-ready
A public utility will comply with the notification requirements
and make-ready time periods for new and existing attaching entities; for
attachments in the communications space and above the communications space,
pursuant to 47 C.F.R 1.1411(e) and (f), as effective in paragraph (A) of rule
4901:1-3-02 of the
Administrative Code.
(4)
Compliance with the time periods in this rule:
A public utility will comply with the time periods pursuant to
47 C.F.R
1.1411(g), as effective in
paragraph (A) of rule
4901:1-3-02 of the
Administrative Code.
(5)
Deviation from the time limits specified in this rule unless:
A public utility will comply with the deviation from time
limits pursuant to 47 C.F.R
1.1411(h), as effective in
paragraph (A) of rule
4901:1-3-02 of the
Administrative Code.
(6)
Self-help remedy:
A public utility or new attaching entity will comply with the
self-help remedy process for incomplete survey and make-ready pursuant to
47 C.F.R
1.1411(i), as effective in
paragraph (A) of rule
4901:1-3-02 of the
Administrative Code.
(7)
One-touch make-ready option.
For attachments involving simple make-ready, a public utility
or a new attaching entity will comply with one-touch make-ready option
requirements pursuant to 47
C.F.R. 1.1411(j), as
effective in paragraph (A) of rule
4901:1-3-02 of the
Administrative Code.
(C) Contractors for survey and make-ready.
(1) Contractors for self-help
complex
make-ready and above the
communications space make-ready:
A public utility will comply with the contractor requirements
for self-help complex make-ready and above the communications space make-ready
pursuant to 47 C.F.R
1.1412(a), as effective in
paragraph (A) of rule
4901:1-3-02 of the
Administrative Code.
(2)
Contractors for
simple make-ready work:
A public utility will comply with the contractor requirements
for simple make-ready work pursuant to
47 C.F.R
1.1412(b), as effective in
paragraph (A) of rule
4901:1-3-02 of the
Administrative Code.
(D) Overlashing
(1) An existing
attaching entity or third
party overlashing with permission from an existing
attaching entity
(overlashing party) and a public utility will comply with overlashing rules
established pursuant to 47
C.F.R
1.1415, as effective in paragraph (A)
of rule
4901:1-3-02 of the
Administrative Code, with the following exceptions:
(a) A
public utility
may
will not
prevent an
overlashing party from
overlashing because another
overlashing party
has not fixed a preexisting violation; unless the
overlashing will exacerbate
the violation or create a capacity, safety, reliability, or engineering issue.
When an
overlashing exacerbates the violation or creates a capacity, safety,
reliability, or engineering issue, the costs incurred to rectify the existing
condition or issue
shall
are to be charged to and paid by either:
(i) the last attacher(s) or overlasher(s)
who
cause
caused the condition or issue; or
(ii) if records are inadequate to determine
who caused the condition or issue, then all attachers and overlashers and the
public utility shall
will pay to rectify the existing condition
proportional to their use.
(b) If a public utility requires advance
notice of a planned overlashing, the public utility may charge the overlashing
party the just and reasonable costs the public utility actually incurs to
inspect the pole prior to the installation of the proposed overlash.
(E) Rights-of-way
(1) Public utilities are subject to all
constitutional, statutory, and administrative rights and responsibilities for
use of public rights-of-way.
(2)
Private rights-of-way for all public utilities are subject to negotiated
agreements with the private property owner, exclusive of eminent domain
considerations.
(3) Public
utilities
are prohibited from
will not
entering
enter into
exclusive use agreements of private building riser space,
conduit, and/or
closet space.
(4) Public utilities
shall
are to
coordinate their right-of-way construction activity with the affected
municipalities and landowners. Nothing in this rule is intended to abridge the
legal rights and obligations of municipalities and landowners.
(F) The
commission reserves the
right to
require
expect any or all arrangements between public
utilities and between public utilities and private landowners to be submitted
to the
commission for its review and approval, pursuant to sections
4905.16 and
4905.31 of the Revised
Code.
(G) All time limits in this
chapter are to be calculated according to rule
4901-1-07 of the Administrative
Code.
Notes
Ohio Admin. Code 4901:1-3-03
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: 11/30/2007, 01/08/2015,
01/31/2022