Troy committee recommends emergency legislation to join OML challenge of AT&T PUCO tariff filing

The Community Partnerships Committee on Jan. 13 recommended that the City of Troy authorize the Ohio Municipal League to challenge AT&T’s tariff application to the Public Utilities Commission of Ohio and requested emergency legislation so the city can be listed on the petition to intervene before the Jan. 18 deadline.

Committee Chair Christy Marshall said the committee was "here to provide a recommendation to council regarding authorizing the city of Troy to support the Ohio Municipal League's challenge of AT and T's tariff application to the Public Utilities Commission of Ohio and any subsequent and or necessary legal administrative and legislative efforts." Marshall identified the request as requiring emergency legislation so the city could formally notify the Ohio Municipal League (OML) of its intent to join the action.

City staff member Titterington told the committee that AT&T filed a tariff request with PUCO over the holidays that would "ask[] PUCO for the permission to begin charging communities" for relocations of communications facilities tied to public projects. "Now they want the cities to, to pay, which would pass on, those costs, to bidders of any projects that we do, ultimately to the taxpayers," Titterington said. He added the filing could set a precedent that would allow other providers to seek similar charges.

Titterington said the city has already taken an administrative step to be listed so OML can establish standing to intervene on Troy’s behalf, but that the one-month window to challenge the tariff requires formal emergency legislation because the Jan. 18 petition deadline falls before the next council meeting. "We have gone ahead administratively and said, yeah, put us on the list, so that OML can make sure that they've established standing, to intervene on our behalf," he said.

A committee member asked whether the request resembled a prior project to place electrical lines underground on West Main Street. Titterington and committee members clarified that in that earlier project utilities paid the cost of burying lines while the city provided ductwork; under the current tariff filing AT&T would seek authority to charge municipalities for relocations that historically have been absorbed by utilities or recovered through their rates.

The committee moved to proceed with emergency legislation and to recommend council authorize support for OML’s challenge. No formal roll-call vote was recorded in the committee transcript; the motion was advanced and the meeting was adjourned.

The City of Troy’s next step is for the council to consider emergency legislation that would formally authorize the city to join OML’s petition to intervene at PUCO before the Jan. 18 deadline.