hb979_00

As Introduced

136th General Assembly

Regular Session H. B. No. 979

2025-2026

To enact sections 4927.23, 4927.24, 4927.25, 4927.26, 4927.27, 4927.28, 4939.11, 4939.12, 4939.13, 4939.14, 4939.15, 4939.16, 4939.17, 5547.031, 5547.041, and 5589.101 of the Revised Code regarding broadband internet access service infrastructure located in a public right-of-way.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 4927.23, 4927.24, 4927.25, 4927.26, 4927.27, 4927.28, 4939.11, 4939.12, 4939.13, 4939.14, 4939.15, 4939.16, 4939.17, 5547.031, 5547.041, and 5589.101 of the Revised Code be enacted to read as follows:

Sec. 4927.23. (A) As used in sections 4927.23 to 4927.28 of the Revised Code:

(1) "Local authority" means the legislative authority of a municipal corporation, a board of township trustees, or a board of county commissioners.

(2) "Public right-of-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 and that is owned or controlled by a local authority. "Public right-of-way" excludes a private easement.

(B) Notwithstanding any provision in the Revised Code to the contrary, any person, partnership, or corporation that is also a broadband internet access provider shall comply with all applicable local authority laws, rules, ordinances, and requirements governing the installation, operation, maintenance, relocation, and removal of broadband internet infrastructure within a public right-of-way, including all of the following:

(1) Adherence with permit requirements established by local authorities;

(2) Documented design plans that adhere to construction standards established for installations within a public right-of-way;

(3) Notification and coordination requirements with local authorities prior to and throughout the excavation or installation;

(4) Restoration and repair obligations for damage to roads, road surfaces, and drainage systems within the prescribed timeframes required by any applicable permit;

(5) Adherence to standards for burial depth, horizontal location, warning markers, and utility separation as required by the local authority;

(6) Compliance with and training on the requirements and regulations set forth in sections 153.64, 3781.25 to 3781.38, and 4905.041 of the Revised Code and Chapter 4913. of the Revised Code;

(7) Post-installation abandonment, maintenance, and removal obligations, with documented confirmation of completion;

(8) Ensure that all broadband internet access service provider employees, contractors, subcontractors, or their agents have been fully trained as to their obligation under applicable state law and can effectively communicate orally and in writing with local authorities, law enforcement, industry entities, state agencies, and the general public;

(9) All broadband installation construction vehicles, equipment, trailers operating within a public right-of-way shall be clearly marked with the company name and contact information, including, when applicable, the name of the entity for whom the work is being done.

Sec. 4927.24. Section 4927.23 of the Revised Code does not expand or diminish the authority granted to a county engineer under section 5543.14 of the Revised Code, a board of county commissioners under sections 5547.03 and 5547.04 of the Revised Code, township trustees under applicable state law, or municipal corporations to do any of the following:

(A) Require removal or relocation of obstructions in a public right-of-way, including broadband infrastructure;

(B) Impose reasonable conditions on permits for installation within a public right-of-way;

(C) Direct removal or relocation of broadband infrastructure within a county that constitutes an obstruction under section 5547.03 of the Revised Code or interferes with road construction, improvement, maintenance, or repair;

(D) Recover costs associated with enforcement or remediation of noncompliance.

Sec. 4927.25. A local authority issuing permits for broadband infrastructure installation may only charge reasonable fees that reflect the actual costs of administrative review, inspection, and enforcement. Such fees shall not exceed the reasonable costs to the local authority of processing, inspecting, and monitoring the installation and shall not be imposed as a regulatory tax or charge on the provision of broadband internet access service itself.

Sec. 4927.26. Local authorities are authorized do all of the following:

(A) Establish reasonable permitting procedures and timelines for broadband requests;

(B) Require broadband providers to provide accurate plans showing the location, depth, and design of proposed installations;

(D) Establish standards for installation depth consistent with industry standards and applicable federal guidelines;

(E) Require surety bonds or other mechanisms to ensure restoration of any damaged roadway and public right-of-way;

(F) Establish reasonable restoration standards to return the public right-of-way to its pre-installation condition.

Sec. 4927.27. A local authority may do any of the following to enforce sections 4927.23 to 4927.26 of the Revised Code:

(A) Suspend or revoke any permit for violations of permit conditions and require an immediate work stoppage;

(B) Order removal or relocation of infrastructure within a county that fails to meet permit conditions or constitutes an obstruction under section 5547.03 of the Revised Code;

(C) Perform necessary removal, relocation, or restoration work within a county and charge costs to the broadband internet access service provider in accordance with section 5547.03 of the Revised Code or other applicable law;

(D) Pursue civil remedies for damages to public roads and infrastructure;

(E) Report violations to the appropriate state enforcement authorities.

Sec. 4927.28. Sections 4927.23 to 4927.27 of the Revised Code apply only to the management of local public rights-of-way and infrastructure and does not subject broadband providers to utility-style rate or service regulation. Nothing in those sections shall be interpreted to authorize the state or local authorities to regulate the rates, terms, or conditions of broadband internet access service.

Sec. 4939.11. As used in sections 4939.11 to 4939.17 of the Revised Code:

(A) "Abandoned utility appurtenance" means a utility appurtenance that is no longer in use for its intended purpose and for which the utility appurtenance owner has not provided a written notice of future use to the local authority as required by section 4939.13 of the Revised Code.

(B) "Double pole" means a condition where a new utility pole has been installed adjacent to an existing pole that remains in place but is no longer required for the support of active utility lines or equipment.

(C) "Local authority" means the legislative authority of a municipal corporation, a board of township trustees, or a board of county commissioners as applicable to the public rights-of-way under its jurisdiction.

(D) "Public right-of-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 and that is owned or controlled by the state or local authority. "Public right-of-way" excludes a private easement.

(E) "Utility appurtenance" means any telecommunications or utility component, including a pole, tower, pedestal, cabinet, or meter.

(F) "Utility appurtenance owner" means the person, corporation, or entity that owns, operates, or controls the telecommunications or utility facility for which the utility appurtenance exists.

Sec. 4939.12. (A) Whenever a utility appurtenance owner installs a new utility pole to replace an existing pole in a public right-of-way, the owner shall coordinate with all other entities having an attachment on the existing pole to transfer those attachments to the new pole.

(B)(1) Within ninety days after the installation of the new utility pole, all transfers of attachments shall be completed and, if a pole was replaced, the existing pole shall be completely removed.

(2) The local authority may grant an extension of up to ninety additional days if requested by the owner of the utility pole, in writing, stating the delay was caused by circumstances beyond the owner's control, including failure by a third-party attachment owner to move its equipment.

Sec. 4939.13. (A) Not later than three hundred sixty-five days after the effective date of this section, a utility appurtenance owner shall provide an initial written notice of future use regarding each utility appurtenance under the owner's control to each local authority where such appurtenances are located. Subsequent written notices of future use shall be submitted to the local authority within three hundred sixty five days from the date the initial written notice was received by the local authority.

(B) Local authorities may develop forms and procedures for the submission of the written notice of future use as described in division (A) of this section, including any specific information to be included.

Sec. 4939.14. A local authority may declare that a utility appurtenance is an abandoned utility appurtenance if either of the following apply:

(A) The appurtenance has not been used for at least three hundred sixty-five days, and the owner did not submit a written notice of future use as described in section 4939.13 of the Revised Code.

(B) The appurtenance is a double pole remaining beyond the period permitted under division (B) of section 4939.12 of the Revised Code.

Sec. 4939.15. (A) If a declaration is made pursuant to section 4939.14 of the Revised Code, the local authority shall provide written notice to the utility appurtenance owner, if known, requiring removal of the structure and restoration of the site within forty-five days of receiving the notice.

(B) The local authority may remove the structure on its own accord or otherwise cause it to be removed if:

(1) The utility appurtenance owner fails to remove the structure within the forty-five day period.

(2) The owner cannot be identified after reasonable effort.

Sec. 4939.16. (A) A local authority may recover from a utility appurtenance owner all reasonable costs incurred in the removal and disposal of an abandoned utility appurtenance and in the restoration of the site. The authority shall provide an invoice to the owner detailing the costs to be reimbursed.

(B) If, within ninety days of receiving the invoice pursuant to division (A) of this section, a utility appurtenance owner fails to reimburse the local authority, the authority may certify the amount to the county auditor to be placed upon the tax list and duplicate, as described in section 319.28 of the Revised Code, and collected as other taxes.

Sec. 4939.17. A local authority may establish by ordinance or resolution a civil penalty of not more than one hundred dollars per day for each day a violation of section 4939.12 of the Revised Code continues beyond the authorized period described in that section.

Sec. 5547.031. (A) As used in this section, "broadband internet access service" has the same meaning as in 47 C.F.R. 8.1.

(B) Broadband internet access service infrastructure, including fiber-optic cables, conduits, distribution equipment, and associated appurtenances, are considered objects and structures for purposes of section 5547.03 of the Revised Code. Broadband internet access service providers shall comply with all approval and relocation requirements as specified in that section.

(C) The board of county commissioners may impose conditions on any approval or relocation of broadband internet access service infrastructure as it deems necessary to protect the integrity of the public right-of-way and to minimize interference with road construction, improvement, maintenance, and repair.

Sec. 5547.041. (A) As used in this section, "broadband internet access service" has the same meaning as in 47 C.F.R. 8.1.

(B) Notwithstanding the exemption from regulation by the public utilities commission under section 4927.22 of the Revised Code, any broadband internet access service provider seeking to erect or maintain any installation within the bounds of any highway or on the bridges or culverts thereon shall first obtain the approval of the board of county commissioners, board of township trustees, or the appropriate legislative authority of a municipal corporation, as applicable, and be subject to all conditions, standards, and requirements established by the applicable authority pursuant to sections 4927.23 to 4927.28 of the Revised Code.

Sec. 5589.101. (A) As used in this section, "broadband internet access service" has the same meaning as in 47 C.F.R. 8.1.

(B) For purposes of section 5589.10 of the Revised Code, broadband access service providers shall comply with all requirements for obtaining consent from a county engineer or appropriate local authority prior to any excavation, installation, or placement of infrastructure within any public highway.