Ohio § 4939.0313

§ 4939.0313.

With respect to the provision of any small cell facility or the associated wireless

support structure in a public way, a municipal corporation shall not do any of the

following: (A) Require a person to submit information about, or evaluate a person's business decisions

with respect to, the person's service, customer demand, or quality of service to or

from a particular area or site as a condition for approval of the request; (B) Require a person to submit information about the need for the small cell facility

or the associated wireless support structure, including additional wireless coverage,

capacity, or increased speeds, as a condition for approval of the request; (C) Require a person to justify the need for the new small cell facility or associated

wireless support structure, or to submit business information, including strategy

documents, propagation maps, or telecommunications traffic studies as a condition

for approval of the request; (D) Require the removal of existing wireless support structures or small cell facilities,

wherever located, as a condition for approval of the request, unless the existing

wireless support structures or small cell facilities have been unused or abandoned.  This division shall not preclude a municipal corporation from adopting reasonable

rules intended to ensure the public health, safety, and welfare with respect to the

removal of an abandoned wireless support structure or abandoned wireless facility. (E) Impose restrictions with respect to objects in navigable airspace that are stricter

than or in conflict with any restrictions imposed by the federal aviation administration; (F) Unreasonably discriminate among providers of functionally equivalent services; (G) Condition the grant of consent on the requirement that a person purchase or lease

facilities, networks, or services owned or operated by the municipal corporation,

in whole or in part, or owned or operated, in whole or in part, by any entity in which

the municipal corporation has an economic governance interest; (H) Condition the grant of consent on the requestor's agreement to permit other wireless

facilities to be placed at, attached to, or located on the associated wireless support

structure; (I) Impose setback or fall-zone requirements for the associated wireless support structure

that are different from requirements imposed on other similar types of structures

in the public way; (J) Impose environmental testing, sampling, or monitoring requirements that exceed rules

and regulations established under state or federal law or that are not imposed on

other types of construction or elements of the construction; (K) Impose any regulations pertaining to radio frequency emissions or exposure to such

emissions that are contrary to or exceed rules of the federal communications commission; (L) Except as set forth in section 4939.0314 of the Revised Code , impose separation requirements regarding spacing between an operator's facilities

and other wireless facilities, wireless support structures, utility poles, ground-mounted

equipment, or other utility facilities within the public way.