A person who is not an operator under section 4939.031 of the Revised Code shall request, pursuant to and in accordance with the requirements of section 4939.03 of the Revised Code, municipal corporation consent to collocate a small cell facility and construct, maintain, modify, operate, or replace wireless support structures in, along, across, upon, and under a public way.

Terms Used In Ohio Code 4939.033

  • 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.
  • 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
  • Public way: means the surface of, and the space within, through, on, across, above, or below, any public street, public road, public highway, public freeway, public lane, public path, public alley, public court, public sidewalk, public boulevard, public parkway, public drive, public easement, and any other land dedicated or otherwise designated for a compatible public use, which, on or after July 2, 2002, is owned or controlled by a municipal corporation. 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

  Previous section
Next section  
 Chapter 4939 Contents