Ohio Administrative Code
Title 4901:1 - Utilities
Chapter 4901:1-3 - Attachments to Utility Equipment or Rights of Way
Section 4901:1-3-01 - Definitions

Universal Citation: OH Admin Code 4901:1-3-01

Current through all regulations passed and filed through March 18, 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.]

As used within this chapter, these terms denote the following:

(A) "Attaching entity" means cable operators, telecommunications carriers, incumbent and other local exchange carriers, public utilities, governmental entities and other entities with either a physical attachment or a request for attachment to the pole, duct, conduit, or right-of-way and that is authorized to attach pursuant to section 4905.51 or 4905.71 of the Revised Code. It does not include governmental entities with only seasonal attachments to the pole.

(B) "Cable operator" for purposes of this chapter, means the same as defined in 47 U.S.C. 522(5), as effective in paragraph (A) of rule 4901:1-3-02 of the Administrative Code.

(C) "Cable service" for purposes of this chapter, means the same as defined in 47 U.S.C. 522(6), as effective in paragraph (A) of rule 4901:1-3-02 of the Administrative Code.

(D) "Cable system" for purposes of this chapter, means the same as defined in 47 U.S.C. 522(7), as effective in paragraph (A) of rule 4901:1-3-02 of the Administrative Code.

(E) "Commission" means the public utilities commission of Ohio.

(F) "Communications space" means that portions of the pole typically used for the placement of communications conductors beginning below the bottom point of the communications workers safety zone and ending at the lowest point on the pole to which horizontal conductors may be safely attached.

(G) "Complex make-ready" means the transfers and work within the communications space that would be reasonably likely to cause a service outage(s) or facility damage, including work such as splicing of any communications attachment or relocation of existing wireless attachments. Any and all wireless activities, including those involving mobile, fixed, point-to-point wireless communications and wireless internet service providers, are to be considered complex.

(H) "Conduit" means a structure containing one or more ducts, usually placed in the ground, in which cables or wires may be installed.

(I) "Conduit system" means a collection of one or more conduits together with their supporting infrastructure.

(J) "Days" means calendar days for the purposes of these rules.

(K) "Duct" means a single enclosed raceway for conductors, cable, and/or wire.

(L) "Electric company" for purposes of this chapter, means the same as defined in division (A)(3) of section 4905.03 of the Revised Code.

(M) "Inner-duct" means a duct-like raceway smaller than a duct that is inserted into a duct so that the duct may carry multiple wires or cables.

(N) "Local exchange carrier" (LEC) for purposes of this chapter, means the same as defined in division (A)(7) of section 4927.01 of the Revised Code.

(O) "Overlashing" means the tying or lashing of additional fiber optic and/or coaxial cables to existing communications wires, cables, or supporting strands already attached to poles.

(P) "Pole attachment" means any attachment by an attaching entity to a pole, duct, conduit, or right-of-way owned or controlled by a public utility.

(Q) "Public utility" for purposes of this chapter, means the same as defined in section 4905.02 of the Revised Code.

(R) "Simple make-ready" means make-ready where existing attachments in the communications space of a pole could be transferred without any reasonable expectation of a service outage or facility damage and does not require splicing of any existing communications attachment or relocation of an existing wireless attachment.

(S) "Telecommunications" for purposes of this chapter, means the same meaning as defined in division (A)(10) of section 4927.01 of the Revised Code.

(T) "Telecommunications carrier" for purposes of this chapter, means the same as defined in division (A)(11) of section 4927.01 of the Revised Code.

(U) "Telecommunications services" for purposes of this chapter, means the same as defined in division (A)(12) of section 4927.01 of the Revised Code.

(V) "Telephone company" for purposes of this chapter, means the same as defined in division (A)(13) of section 4927.01 of the Revised Code and includes the definition of "telecommunications carrier" incorporated in 47 U.S.C. 153(44), as effective in paragraph (A) of rule 4901:1-3-02 of the Administrative Code.

(W) "Unusable space" with respect to poles, means the space on a public utility pole below the usable space, including the amount required to set the depth of the pole.

(X) "Usable space" with respect to poles, means the space on a public utility pole above the minimum grade level which can be used for the attachment of wires, cables, and associated equipment, and which includes space occupied by the public utility. With respect to conduit, the term usable space means capacity within a conduit system which is available, or which could, with reasonable effort and expense, be made available, for the purpose of installing wires, cable, and associated equipment for telecommunications or cable services, and which includes capacity occupied by the public utility.

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