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59-16 Enact Ch 904 Use of Public Right of Way by Service Providers
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59-16 Enact Ch 904 Use of Public Right of Way by Service Providers
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ground Facilities in the Public Right -of -Way along the <br />route or proposed route of the applicant's or Service Pro- <br />vider's Facilities or proposed Facilities that is sufficient <br />for the City to evaluate the impact of the applicant's Fa- <br />cilities in the context of other existing Facilities; and <br />c. the location of all known overhead and underground Utili- <br />ty Easements. <br />(ii) A Service Provider may designate any portion or portions of <br />the information (including maps, if any) provided under this <br />subsection (b)(2)(e) as proprietary or a trade secret so as to <br />remain confidential. In this event, the City shall seek to main- <br />tain the confidentiality of such information; provided, howev- <br />er, that such information is subject to applicable public records <br />laws and exceptions thereto. The City shall provide a Service <br />Provider with written notice of any proposed inspection or <br />disclosure prompted by a public records request related to the <br />Service Provider's documents or information the Service Pro- <br />vider has designated as proprietary or trade secret. The Ser- <br />vice Provider shall have three (3) business days from the writ- <br />ten notice to object to any public records disclosure and to <br />agree in writing to defend and indemnify the City with respect <br />to any litigation under the Ohio Public Records Act to compel <br />disclosure and all costs thereof. <br />(F) A preliminary Construction schedule and completion date for all <br />Capital Improvements, Reconstruction or New System Construc- <br />tion planned for the twelve (12) month period following the date of <br />application; provided, however, that the Service Provider may elect <br />that such information be treated pursuant to Section <br />904.02(c)(2)(E)(ii) if it considers the information proprietary or <br />trade secret and the information is so designated. <br />(G) If the applicant or Service Provider is providing Services in the <br />City: <br />(i) A description of the access and line extension policies or a <br />copy of their PUCO tariff. <br />(ii) The area or areas of the City in which the applicant or Service <br />Provider is currently providing Service and a schedule for <br />build -out, if applicable. <br />(H) Evidence that the applicant or Service Provider has complied, or <br />will comply, with indemnification, Insurance, Performance Bond <br />and Construction Bond requirements of this chapter. <br />(1) Information sufficient to determine that the applicant or Service <br />Provider has received any certificate of authority required by the <br />PUCO to operate a System and provide Services in the City. <br />(J) Such other and further information as may reasonably be requested <br />by the Director. <br />(3) The Director shall grant or deny, in writing, a Person's application for <br />(02299394 - 1) <br />
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