Terms Used In Ohio Code > Chapter 4939 - Use of Municipal Public Way

• Abandoned: means any small cell facilities or wireless support structures that are unused for a period of three hundred sixty-five days without the operator otherwise notifying the municipal corporation and receiving the municipal corporation's approval. See Ohio Code 4939.01
• Antenna: means communications equipment that transmits or receives radio frequency signals in the provision of wireless service. See Ohio Code 4939.01
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• collocate: means to install, mount, maintain, modify, operate, or replace wireless facilities on a wireless support structure. See Ohio Code 4939.01
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decorative pole: means a pole, arch, or structure other than a street light pole placed in the public way specifically designed and placed for aesthetic purposes and on which no appurtenances or attachments have been placed except for any of the following:

  (1) Electric lighting;

  (2) Specially designed informational or directional signage;

  (3) Temporary holiday or special event attachments. See Ohio Code 4939.01

• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Historic district: means a building, property, or site, or group of buildings, properties, or sites that are either of the following:

  (1) Listed in the national register of historic places or formally determined eligible for listing by the keeper of the national register, the individual who has been delegated the authority by the federal agency to list properties and determine their eligibility for the national register, in accordance with section VI. See Ohio Code 4939.01

• in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
• 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.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Occupy or use: means , with respect to a public way, to place a tangible thing in a public way for any purpose, including, but not limited to, constructing, repairing, positioning, maintaining, or operating lines, poles, pipes, conduits, ducts, equipment, or other structures, appurtenances, or facilities necessary for the delivery of public utility services or any services provided by a cable operator. See Ohio Code 4939.01
• 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
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means any natural person, corporation, or partnership and also includes any governmental entity. See Ohio Code 4939.01
• Population: means that shown by the most recent regular federal census. See Ohio Code 1.59
• Property: means real and personal property. See Ohio Code 1.59
• Public utility: means a wireless service provider as defined in division (A)(20) of section 4927. 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
• Public way fee: means a fee levied to recover the costs incurred by a municipal corporation and associated with the occupancy or use of a public way. See Ohio Code 4939.01
• Rule: includes regulation. See Ohio Code 1.59
• 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

• state: means the state of Ohio. See Ohio Code 1.59
• Utility pole: means a structure that is designed for, or used for the purpose of, carrying lines, cables, or wires for electric or telecommunications service. See Ohio Code 4939.01
• Wireless facility: means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including all of the following:

  (a) Equipment associated with wireless communications;

  (b) Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. See Ohio Code 4939.01

• Wireless service: means any services using licensed or unlicensed wireless spectrum, whether at a fixed location or mobile, provided to the public using wireless facilities. See Ohio Code 4939.01
• Wireless service provider: means a person who provides wireless service as defined in division (A)(19) of section 4927. 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
• Wireline backhaul facility: is a facility used for the transport of communications service or any other electronic communications by coaxial, fiber-optic cable, or any other wire. See Ohio Code 4939.01
• Work permit: means a permit issued by a municipal corporation that must be obtained in order to perform any work in, on, above, within, over, below, under, or through any part of the public way, including, but not limited to, the act or process of digging, boring, tunneling, trenching, excavating, obstructing, or installing, as well as the act of opening and cutting into the surface of any paved or improved surface that is part of the public way. See Ohio Code 4939.01