Ohio Admin. Code 4901:1-3-05 - Complaints
[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,
shall 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.
Notes
Promulgated Under: 111.15
Statutory Authority: 4901.13
Rule Amplifies: 4905.04, 4905.05, 4905.06
Prior Effective Dates: 01/08/2015, 01/31/2022
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