MANSFIELD — Mansfield City Council is scheduled Tuesday evening to oppose a statewide AT&T tariff application that would require cities to pay relocation costs of utilities for certain purposes.
But the company on Friday withdrew its application to the Public Utilities Commission of Ohio after a groundswell of criticism from local governments across Ohio.
So the status of that particular legislation was up in the air on Monday with city offices closed due to the Dr. Martin Luther King Jr. holiday.
AT&T filed the application on Dec. 18 that would allow the utility to claw back costs associated with relocation of its “communication facilities” such as electric cables and other infrastructure underground.
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 relocation is necessary for government purposes, according to a story in the Canton Repository.
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 Repository said.
Local governments, including the Ohio Municipal League, said the changes in AT&T’s tariff would financially burden cities — and therefore local taxpayers.
The company had said it would give them the same status afforded other utility companies operating in Ohio.
In the resolution, the City of Mansfield said the tariff would require the city to “pay the full cost of any relocation or undergrounding of AT&T’s facilities, regardless of the reason for relocation … in direct contradiction with current Ohio law.”
The resolution said the tariff would force the city to pay even if the work was needed for “health, safety or public welfare purposes.”
“We have significant concerns about what this new financial exposure would be to our municipalities, and how it would impact future development plans and just other operations within our communities,” said Kent Scarrett, executive director of the Ohio Municipal League, quoted in the Dayton Daily News.
“Ultimately, these costs would be borne on our taxpayers,” Scarrett said.
The Ohio Municipal League, which has 732 members across the state, was joined its filing on Wednesday by 102 cities, 42 villages, four townships and two county governments.
An AT&T spokesperson told the Dayton Daily News the filing sought to update AT&T Ohio’s tariff, similar to all seven Ohio electric distribution companies and Texas-based Frontier North.
“We understand that there has been confusion and concern regarding the purpose and effect of the tariff update,” the company said in the DDN story.
“(Other utilities) have already received PUCO approval, consistent with long-standing Ohio Supreme Court precedent, to amend their tariffs to address cost recovery when a local government requires existing aerial facilities be moved underground for ‘beautification purposes’ — not public safety.”
In other activity Tuesday, City Council is scheduled to:
— authorize payment of $2,600 to Donald Kaufman of 1196 Royal Oak Court for damages created by a water main leak at the main valve leading to the property from the curb in August 2024.
— authorize payment of $1,665 to David Moore of 906 Linwood Place for damages caused by a sewer backup in September 2024.
— approve demolition of dilapidated structures at 509 Lida St., 339 High St. and 352-354 Third Ave.
— approve a “then-and-now” certificate of payment to the Canton law firm of Baker, Dublikar in the amount of $4,060. The city law director’s office contracted with the law firm in December 2023 to assist in an unfair labor practice lawsuit prior to submission of a purchase order.
— approve a “then-and-now” certificate of payment to the Columbus law firm of Bricker Graydon in the amount of $8,268.75. The city law director’s office contracted with the law firm to assist with the zoning code for cannabis control prior to submission of a purchase order.
— authorize acceptance of a $33,931.10 grant from the Ohio Office of Criminal Justice Services under the Paul Coverdell Forensic Science Improvement Grant. Funds will be used to defray the costs of forensic science overtime, contracts, supplies and equipment designed to help combat the opioid and synthetic drug crisis.
A claims committee meeting is scheduled Tuesday at 6:55 p.m. Council caucus is scheduled at 7 p.m. with the legislative session following immediately thereafter.
Local lawmakers continue to meet in Mansfield Municipal Courtroom 1 while council chambers is being renovated. Residents planning to attend should park in the upper lot off Park Avenue and enter through the Park Avenue entrance.
