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Defiance City Council backs municipal challenge to AT&T tariff at PUCO
Summary
The Defiance City Council unanimously adopted an ordinance supporting a municipal challenge to AT&T of Ohio's tariff application at the Public Utilities Commission of Ohio, citing Ohio Revised Code Section 4939.08 and concern that the tariff would shift relocation costs to municipalities.
The Defiance City Council adopted an ordinance supporting a municipal challenge to AT&T of Ohio's tariff application at the Public Utilities Commission of Ohio (PUCO).
Councilman O'Donnell explained the ordinance and cited Ohio Revised Code section 4939.08, saying the statute requires private utilities located in municipal rights of way to relocate or adjust their facilities at no cost to the municipality when the city requests such moves for public-works reasons. O'Donnell said AT&T's December 18 tariff filing at the PUCO contains broader language that could allow the company to pass relocation costs onto municipalities through tariffs rather than pay those costs themselves.
Why it matters: Council members said the ordinance expresses the city’s opposition so the city can be listed among municipalities challenging the tariff before the PUCO's deadline. O'Donnell told the council that more than 100 municipalities had indicated opposition and that if the matter becomes litigation the Ohio Municipal League may seek member contributions for legal costs.
At the meeting O'Donnell framed the issue as a conflict between the legislature's statute and the utility's tariff proposal. He said the tariff, if unopposed, could take effect in 30 days after filing with the PUCO and that the tariff's language was broader than what AT&T stated publicly. "We would ask that you consider a suspension of the rules tonight in order to add the City of Defiance to that list so that we can get a note of our opposition before the Thursday deadline," O'Donnell said.
The council voted to suspend rules and adopt the ordinance. Roll-call yes votes were recorded during the meeting from council members who answered when called: Mister Mast (yes), Mister Engel (yes), Mister Corbett (yes), Mister Hancock (yes), Mister Maas (yes), Mister Wexler (yes), Missus Crutch (yes) and others present who responded in the affirmative. With those votes, the ordinance was adopted.
Council members asked whether the matter required emergency status; O'Donnell said the ordinance does not require appropriation and is being offered as an expression of the council's will and opposition. He indicated that if litigation followed, the city could receive a later request for funding support from the Ohio Municipal League.
The ordinance does not itself appropriate funds and contains no implementation details beyond the city's formal expression of opposition to AT&T's tariff filing. The council also authorized staff to notify the PUCO of the city's position before the tariff's effective deadline.
