Ohio Code 4939.0312 – Consolidated requests
(A) A municipal corporation shall permit a person seeking to construct, modify, collocate, or replace more than one small cell facility or more than one wireless support structure within the jurisdiction of a single municipal corporation to file, at the person’s discretion, a consolidated application for consent under section 4939.031 of the Revised Code for up to thirty small cell facilities requests in a single application or up to thirty wireless support structure requests in a single application and receive a single permit for the construction, modification, collocation, or replacement of the small cell facilities or wireless support structures. However, this single application may only address multiple small cell facilities or multiple wireless support structures if they each involve substantially the same type of small cell facilities or substantially the same type of wireless support structures. A municipal corporation may separately address small cell facility collocations or wireless support structures for which incomplete information has been received or which are denied.
Terms Used In Ohio Code 4939.0312
- collocate: means to install, mount, maintain, modify, operate, or replace wireless facilities on a wireless support structure. See Ohio Code 4939.01
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- operator: includes a wireless service provider, cable operator, or a video service provider that provides information services as defined in the "Telecommunications Act of 1996" 110 Stat. See Ohio Code 4939.01
- Person: means any natural person, corporation, or partnership and also includes any governmental entity. See Ohio Code 4939.01
- Small cell facility: means a wireless facility that meets both of the following requirements:
(1) Each antenna is located inside an enclosure of not more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an enclosure of not more than six cubic feet in volume. See Ohio Code 4939.01
- Wireless support structure: means a pole, such as a monopole, either guyed or self-supporting, street light pole, traffic signal pole, a fifteen-foot or taller sign pole, or utility pole capable of supporting small cell facilities. See Ohio Code 4939.01
(B) In the case of a consolidated application, the fees provided for in section 4939.0316 of the Revised Code may be cumulative. However, a municipal corporation, at its discretion, may opt to reduce such fees in order to encourage persons to submit consolidated applications.
(C) In the case of a consolidated application, each small cell facility or wireless support structure proposed to be constructed, modified, collocated on, or replaced shall constitute a separate request for consent for purposes of tolling the response deadline as authorized under section 4939.036 of the Revised Code. A request by a single operator for a new or replacement support structure and associated small cell facility constitutes one request.