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Powell amends and adopts resolution opposing AT&T tariff change; firm has withdrawn application for now
Summary
Council adopted and amended Resolution 20 25-05 supporting the Ohio Municipal League’s challenge to an AT&T tariff application that would have altered relocation and compensation rules for utilities in public rights-of-way; staff said AT&T has withdrawn the tariff but council kept a broader option open.
The Powell City Council on Jan. 21 amended and adopted a resolution supporting the Ohio Municipal League’s (OML) challenge to an AT&T tariff application at the Public Utilities Commission of Ohio (PUCO) and asked staff to preserve the city’s ability to act on similar future applications.
Yaz, presenting the item, told council that AT&T had submitted a tariff change on Dec. 18 that would have allowed utilities in public rights-of-way to claim private-easement-like rights to compensation when relocation is required. “I have now confirmed that AT and T has actually withdrawn this tariff,” Yaz said, but he and staff warned similar applications could reappear. Councilmembers discussed whether to broaden the resolution’s language to cover future filings; staff proposed a narrow amendment to capture any future AT&T filings under the same case numbers and council approved that amendment before adopting the resolution.
Council asked whether there would be any immediate financial obligation; staff said there was none at this time but OML might later request contributions for intervention costs. Councilmembers also discussed permit language and how any future tariff could affect standard permit provisions requiring utilities to relocate facilities when asked by the city.
There was no public comment on the amended resolution. The motion to amend passed and the amended Resolution 20 25-05 was adopted by voice vote.
Ending: Council approved the amended resolution to support OML’s challenge and directed staff to maintain flexibility to respond to future tariff filings; the adopted resolution is nonbinding and currently requires no city expenditure.
