Ohio § 4939.05

§ 4939.05.

(A) A municipal corporation shall not require any nonmonetary compensation or free service,

or levy any tax, for the right or privilege to occupy or use a public way, and shall

not levy a public way fee except in accordance with this section. (B)(1) A municipal corporation may levy different public way fees based upon the amount

of public ways occupied or used, the type of utility service provided by a public

utility, or any different treatment required by the public health, safety, and welfare. (2) A municipal corporation may waive all or a portion of any public way fee for a governmental

entity or a charitable organization. (3) A municipal corporation shall not require any person, including a reseller, that

does not occupy or use a public way owned or controlled by the municipal corporation

to pay it a public way fee. (4) A municipal corporation that charges a franchise fee or otherwise receives free service

or other nonmonetary compensation as part of a franchise between a cable operator

and the municipal corporation shall grant the cable operator, for the occupancy or

use of the public way related to the provision of any services provided by the cable

operator, a credit, offset, or deduction against any public way fee or like charge

for all such payments and the retail value of the free service or other nonmonetary

compensation. (C) Public way fees levied by a municipal corporation shall be based only on costs that

the municipal corporation both has actually incurred and can clearly demonstrate are

or can be properly allocated and assigned to the occupancy or use of a public way.  The costs shall be reasonably and competitively neutrally allocated among all persons

occupying or using public ways owned or controlled by the municipal corporation, including,

but not limited to, persons for which payments are waived as authorized by division

(B) of this section or for which compensation is otherwise obtained.  No public way fee shall include a return on or exceed the amount of costs reasonably

allocated by the municipal corporation to such occupant or user or pursuant to any

reasonable classification of occupants or users. (D) A municipal corporation that levies a public way fee shall establish and maintain

a special fund for all such fees remitted to the municipal corporation and, with respect

to that special fund, shall be subject to sections 5705.09 , 5705.10 , 5705.14 , 5705.15 , 5705.16 , 5705.39 , 5705.40 , 5705.41 , 5705.44 , and 5705.45 of the Revised Code and any other applicable provision of Chapter 5705. of the Revised Code concerning

the establishment or maintenance of a special fund. (E) At least forty-five days prior to the date of enactment of a public way ordinance

by a municipal corporation, the municipal corporation shall file with the public utilities

commission a notice that the ordinance is being considered.