MOUNT VERNON — Mount Vernon City Council members joined other municipalities on Monday opposing an AT&T tariff revision that shifts the cost of relocating lines to the city.
Under current Ohio law, government entities can require public utilities to pay the cost of relocating lines in the public right-of-way if the relocation is necessary for government purposes.
However, the Ohio Supreme Court has held that utilities can hold the government entity responsible if the approved tariff includes such language.
AT&T filed a tariff revision with the Public Utilities Commission of Ohio on Dec. 18, 2024. The revision includes language making government entities responsible.
Mayor Matt Starr said the timing of the filing is “suspicious,” coming at the end of the year when workers are traditionally out of the office.
“If the AT&T tariff charges become effective, then the tariff gives AT&T the ability to charge municipalities in advance when they relocate facilities, even if the relocation is for safety or public welfare purposes,” Starr said.
“We’re the ones who are holding the bag for that. So it really is shifting the payment to the taxpayers.”
The change takes effect on Jan. 18 if left unchallenged.
The Ohio Municipal League (OML) is challenging AT&T’s revision and asks its 700 members to support its effort.
Council members passed a resolution supporting OML’s intervention.
Law Director Rob Broeren noted utilities get to use most of the city’s rights-of-way for free.
“We don’t charge them monthly fees for the space they take up, so them wanting us to pay them to move [lines] is just an additional cost that we can’t do,” he said.
No financial commitment right now to fight AT&T tariff
Supporting OML’s challenge will not cost the city anything right now. However, if the issue is not settled at the PUCO level and goes to the Supreme Court, the OML might ask municipalities to provide financial support.
At that point, council members can decide whether they want to continue as a party to the proceedings.
“Our right-of-way is the biggest asset that we have that they are using already for profit,” Starr said. “Now we have them coming to us and saying if we make them use certain materials, or if we make them do certain things, they’re going to charge us, and the taxpayers will have to pay for it under this tariff revision.
“I understand it’s going to be not just cities, but this is all political entities in the language,” he continued. “There’s a lot of uncertainty. I would imagine that the townships and counties probably better be tuned into this as well. Otherwise, it’s going to be shifting a lot of the burden of utilities for political entities.”
Legislative session
In their legislative session, council members gave the first read to legislation rezoning four parcels on South Main Street from R1-A (Core Residential District) to R-3 (Attached Residential District).
The Mount Vernon Municipal Planning Commission tabled owner Joe Updike’s rezoning request from R-1A to R-4 at its October 2024 meeting.
At MPC’s November meeting, commission members split 2 to 2 on Updike’s revised proposal.
At their Feb. 10 meeting, council members will postpone the third reading to the Feb. 24 meeting and hold a public hearing.
Additional actions
Council members took the following additional actions:
•Reappointed council members Amber Keener and John Ruckman to one-year terms on the Knox County Convention and Visitors Bureau and Experience Mount Vernon, respectively
•Approved the Delaware, Knox, Marion, Morrow Joint Solid Waste Management District’s five-year plan update
•Appointed Chris O’Quin to the Board of Zoning Appeals, Luisa Gantt as alternate to the BZA, Aaron Moreland to the Public Library of Mount Vernon & Knox County’s Board of Trustees, and Paul McNeal to the Recreation Board
•Reappointed Todd Hawkins to the Local Board of Tax Review, Barb Brenneman to the Knox County Health District Board, and Dee Alerting to the Metropolitan Housing Authority
•Approved four Then and Now bill payments totaling $82,755
•Gave a first read to legislation fixing the number of legal assistants in the law director’s office
Gave a first read to apply for, enter into, and accept a Water Pollution Control Loan Fund agreement for planning, design, and/or construction of wastewater facilities
•Authorized the administration to sell unneeded or obsolete property via the internet
•Gave the second read to legislation authorizing the administration to apply to U.S. Rep. Troy Balderson’s office for Community Project Funding for FY 2026 for municipal building construction
