(a) Every person or entity, including the City of Cleveland, who is the owner or occupant of a pole located within a street or right-of-way in the City of Cleveland shall permit, upon reasonable terms and conditions and the payment of reasonable charge to the owner or occupant, the attachment of any wire, cable, facility or apparatus to its poles by any other person or entity including the City of Cleveland; provided that:
(1) The attaching person or entity is authorized by the City of Cleveland or otherwise permitted by law to make the attachment; and
(2) The attachment will not unreasonably interfere with the services and operations of the owner or occupant of the pole; and
(3) The attachment will not create a safety hazard as defined by the National Electric Safety Code; and
(4) The pole is used only for service within the City of Cleveland, or the pole supports a conductor having a voltage of less than twenty-two thousand (22,000) volts.
(b) Such terms and conditions, and such charges, as are established in tariffs approved by the Public Utilities Commission of Ohio or in the case of the City of Cleveland, those terms, conditions, and charges established pursuant to Section 523.23 of the Codified Ordinances, as they may be amended from time to time, shall be deemed to be “reasonable terms and conditions” and “reasonable charges” for the purposes of subsection (a) above.
(Ord. No. 1989-90. Passed 8-23-90, eff. 8-31-90)