59-16 Enact Ch 904 Use of Public Right of Way by Service Providers

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the Director determines is necessary. In no event shall the descrip- tion of the proposed Capital Improvement be less than by City quadrant or street name and Facility type. The Service Provider shall update all required information as soon as it becomes availa- ble. (B) If the Service Provider is Constructing a new System or Recon- structing all or a portion of its existing System, general description of the proposed System and the Facilities utilized to provide the Service that the Service Provider intends to offer or provide over the System within the City. Where a Service will be provided by a nonaffiliated provider, the Service Provider shall identify that pro- vider. (C) Information sufficient to determine that the Service Provider has applied for and received any certificate of authority required by PUCO to provide Services or operate a System in the City. (D) Information sufficient to determine that the Service Provider has applied for and received any construction permit, operating license, certification, or other approvals required by the Federal Communi- cations Commission to provide telecommunications or Cable Ser- vices over a System in the City. (4) Such other information as the Director may reasonably require. (e) Service Provider's Facilities Mans. (1) The City shall have the right to access and review all the Service Pro- vider's maps or as -built plans showing the location of its Facilities in the City's Rights -of -Way, upon ten (10) days' notice to the Service Provider. (2) Upon written request by the Director, each Service Provider shall work in good faith with the City to provide, in a reasonable time and manner, maps or as -built plans in a format compatible with the City's current or future mapping system or a format mutually agreed upon by the City and the Service Provider. (3) The Service Provider may designate any portion or portions of the maps or as -built plans provided under this subsection (e) as proprietary or a trade secret so as to remain confidential. In this event, the City shall seek to maintain the confidentiality of such maps or as -built plans; provided, however, that such information is subject to applicable public records laws and exceptions thereto. The City shall provide a Service Provider with written notice of any proposed inspection or disclosure prompted by a public records request related to the Service Provider's maps or as -built plans the Service Provider has designated as proprie- tary or a trade secret. The Service Provider shall have three (3) busi- ness days from the written notice to object to any public records disclo- sure and to agree in writing to defend and indemnify the City with re- spect to any litigation under the Ohio Public Records Act to compel disclosure and all costs thereof. (f) Registration to be Kept Current. In addition to the annual registration re- quirement, each Service Provider shall keep all required registration infor- {02299394 - 1 }