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Mount Vernon council backs Ohio Municipal League challenge to AT&T tariff application
Summary
On Jan. 13, Mount Vernon City Council adopted a resolution supporting the Ohio Municipal Leagues challenge to AT&Ts tariff application at the Public Utilities Commission of Ohio, after council heard that the tariff could let AT&T charge municipalities to relocate facilities.
Mount Vernon City Council voted Jan. 13 to back the Ohio Municipal Leagues effort to challenge AT&Ts tariff application at the Public Utilities Commission of Ohio (PUCO).
The measure, resolution 2025-11, was adopted after Mayor Starr briefed council on an AT&T tariff filing dated Dec. 18 that, if left unchallenged, would become effective Jan. 18. Mayor Starr told council the filing "impacts government entities including municipalities" and said the tariff language could allow AT&T to charge political subdivisions in advance when relocating facilities.
Why it matters: Mayor Starr said the change would shift relocation costs "to the taxpayers," citing an Ohio Supreme Court conclusion that tariff language can supersede municipal ordinances when the tariff explicitly allocates costs. That, he said, would expose cities, townships and counties to new charges for work done in public right-of-way for municipal functions.
Council discussion and context: Mayor Starr said the Ohio Municipal League (OML) intends to seek rehearing and, if necessary, push the issue toward the Ohio Supreme Court. He described the timing of AT&Ts filing as "suspicious" and said OML is already organizing a response; "about 60 cities have joined in the fray right now," he said. Councilman Rockman added that utilities "get to use most of our right of way for free," and said a tariff that charges municipalities to relocate lines would add unrecoverable costs.
Procedural steps identified by city officials included intervention at PUCO and, if the commission grants the tariff, next-step litigation. Mayor Starr said the OML may request member contributions for lobbying or legal costs if the challenge becomes contested, but that Mount Vernon is not currently being required to pay anything.
Formal action: Council adopted resolution 2025-11, "a resolution supporting the Ohio Municipal League's challenge of AT&T's tariff application at the Public Utilities Commission of Ohio and declaring any emergency." Council moved to suspend rules to allow final reading the same evening and then voted to adopt the resolution.
Council members who voted in favor (roll call): Miss Keener, Missus Seavolt, Mister Severns, Mister Mahan, Missus Woods, Mister Buckman, Mister Ruckman, Mister Rockman (yes); Mister Miller was excused. The motion carried and the resolution was adopted.
What the resolution does and next steps: The adopted resolution expresses the city's support for OML's challenge at PUCO and signals that Mount Vernon will join other municipal governments in opposing the tariff change. City officials said that if the commission approves tariff language allowing utilities to bill municipalities for relocations, OML would pursue rehearing and possible litigation, a process that could extend to the Ohio Supreme Court.
City officials emphasized that no municipal funds have yet been requested and that any further financial commitment by the city would be brought back to council for approval.
Ending: Council members said they wanted to alert townships and counties to the issue. Mayor Starr and other council members recommended municipal officials monitor PUCO filings and coordinate with OML as the matter progresses.
