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Ohio Revised Code Title XLIX. Public Utilities § 4926.45

Current as of January 01, 2024 | Updated by Findlaw Staff

Before a court of common pleas may order any remedy under section 4926.57 of the Revised Code regarding a pole attachment complaint filed with respect to sections 4926.01 to 4926.60 of the Revised Code, the court shall determine, and a complainant shall establish, by a preponderance of the evidence, each of the following:

(A) That any rate, term, or condition complained of is not just and reasonable or a denial of access was unlawful.

(B) If the complaint concerns any rate, term, or condition, that such rate, term, or condition is contained in, or demanded by either party as a condition to entering into, either:

(1) A new pole attachment agreement; or

(2) An amendment, renewal, or replacement of an existing agreement that may be terminated, amended, renewed, or replaced on or after the effective date of this section;

(C) If the complaint concerns any rate, term, or condition, that the provider and the electric cooperative first attempted to negotiate regarding the terms of a new, amended, renewed, or replaced agreement for a period of at least forty-five days prior to filing the complaint.

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Cite this article: FindLaw.com - Ohio Revised Code Title XLIX. Public Utilities § 4926.45 - last updated January 01, 2024 | https://codes.findlaw.com/oh/title-xlix-public-utilities/oh-rev-code-sect-4926-45/

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