Canton is joining other Ohio communities in opposing an AT&T proposal that cities say could shift the financial burden of moving some utility lines to taxpayers.
Canton City Council on Monday approved legislation to support the Ohio Municipal League’s challenge of AT&T Ohio’s tariff application that was filed with the Public Utilities Commission of Ohio in December. The application proposes tariff changes city leaders believe would require municipalities to pay the full cost of relocating or undergrounding AT&T’s facilities that are in the public right-of-way.
Ohio law currently allows public entities to require AT&T and other third-party utility companies to relocate their lines at their own expense if the relocation is necessary for government purposes. But the Ohio Supreme Court has held that third-party utilities can pass the relocation cost onto the governmental entity if it is included in their approved tariff language.
The Ohio Municipal League is coordinating the effort to challenge the change on behalf of Ohio municipalities.
Phil Hayes, senior public relations manager with AT&T Corporate Communications, said AT&T Ohio’s filing is intended to address only requests for “relocation and undergrounding” of AT&T’s facilities.
“The high cost of undergrounding existing aerial facilities for beautification purposes is what underpins the proposal,” Hayes said in a statement. “The customary relocation of AT&T facilities to accommodate municipal projects such as road widening, adding turn lanes, improving intersections, or similar purposes that fulfill public safety and welfare objectives would not be affected by the proposal.”
He said Ohio Power, which is based in Canton, has had the same provision that AT&T is seeking since about 1992.
“AT&T is following 30-plus years of precedent,” he said.
Here are three things to know about Canton’s legislation:
1. Canton fast-tracked its opposition
Canton council fast-tracked the legislation by at least three weeks to meet a Jan. 17 deadline for a challenge to be filed with the Public Utilities Commission. Without a challenge, Canton officials said they fear that AT&T’s application would be automatically approved and the change would take effect on Jan. 18.
Once a challenge is filed, the state commission is expected to pause the automatic approval process, allow challengers to be heard through an evidentiary hearing and consider legal arguments.
2. Potential financial impact on Canton is unknown
Canton Service Director John Highman Jr. said the opposition isn’t due to a specific project and it’s unknown how much the proposed tariff change could impact the city financially. Canton’s legislation notes that taxpayers who may not be AT&T customers could be required to pay for the relocation of AT&T facilities that are in the public rights-of-way under the proposed change.
3. No money is involved with Canton’s challenge – yet
Canton’s legislation only puts it in position to participate in the challenge. It does not include authorization to spend money on the challenge, even though the Ohio Municipal League has advised cities that financial support may be necessary if the issue cannot be resolved at the state commission level. Any financial support would need to be voted on during a future council meeting.
4. Several other Ohio municipalities also are joining the challenge
Several other Ohio cities and villages are considering legislation this week to support the Ohio Municipal League’s challenge of AT&T’s tariff application, including Cleveland, Xenia, Troy, Upper Arlington, Greenfield, Tiffin, Whitehall and Hillsboro.
Reach Canton Repository staff writer Kelli Weir at 330-580-8339 or kelli.weir@cantonrep.com.
This article originally appeared on The Repository: Canton City Council opposes AT&T proposed tariff application change