(A) Construction and major maintenance plan. Each provider shall, at the time of initial application and using its best efforts by January 1 of each following year, file a construction and major maintenance plan with the Department of Public Service. Such construction and major maintenance plan shall be provided for all geographical areas requested by the Service Director, up to and including the entire geographical area of the city. It shall be submitted using a format(s) mutually agreeable to the provider and the city and shall contain the information determined by the Service Director to be necessary to facilitate the coordination and reduction in the frequency of construction in the rights-of-way. The construction and major maintenance plan shall include, but not be limited to, all currently scheduled and/or anticipated construction projects for the next calendar year. If none of such construction projects are scheduled or anticipated for the next calendar year then the construction and major maintenance plan shall so state. The provider shall use its best efforts in supplying this information and shall update the construction and major maintenance plan on file with the Service Director whenever there is a material change in scheduled and/or anticipated construction projects. In an effort to assist providers with the completion of their annual construction and major maintenance plan, the Service Director, on or before November 1 of each year, will send each provider’s system representative a descriptive narrative (and any mapping information reasonably available) for all the planned right-of-way improvements and/or scheduled maintenance that the city then currently intends to undertake during the next calendar year. The city may, in its sole discretion, update and/or modify the descriptive narrative and mapping information provided.
(B) Mapping data. With the filing of its application for a certificate of registration, a provider shall be required to accurately inform the city of the number of miles of physical infrastructure (rounded up to the nearest mile) of right-of-way the provider’s system then currently occupies and begin submitting to the city all information that currently exists and which can be provided regarding the location of its facilities in the right- of-way in hard copy or in the most advanced format (including, but not limited to, electronic and/or digital format) then currently being used by the provider that is then currently capable of technologically being read (or readily converted to a readable form) by the city. A provider shall have up to one year from the date of the provider’s initial filing of an application for a certificate of registration to completely submit all the mapping data for the system owned by the provider or over which it has control that is located in any rights-of-way of the city in the most advanced format (including, but not be limited to, electronic and/or digital format) then currently being used by the provider that is then currently capable of technologically being read (or readily converted to a readable form) by the city. The mapping data is only required to be at the “Atlas” level of detail necessary for the city to reasonably determine the location of the provider’s facilities in the rights-of-way. The provider shall supply the mapping data on paper if the Service Director determines that the format currently being used by the provider is not capable of being read by the city. Any time after the issuance of a certificate of registration, and upon the reasonable request of the Service Director, a provider shall be required to provide to the city any additional location information for any facilities which it owns or over which it has control that are located in any rights-of-way of the city required by the city. Unless otherwise required by law, any and all actual direct, incidental and indirect costs incurred by the city during the process of reviewing, inputting and/or converting a provider’s mapping information to comport with the city’s then current standard format (whether electronic or otherwise) shall be directly billed to, and must be timely remitted by, the provider. Failure to pay such mapping costs within 60 days of receipt of an invoice shall subject an applicant or provider to revocation of its certificate of registration and the penalties of § 1074.99 of this chapter. Further, each provider that has been issued a certificate of registration shall accurately inform the city on or before each subsequent January 1 of the number of miles (rounded up to the nearest mile) of right-of-way the provider’s system then occupied as of the immediately previous December 1. The Service Director may, in the future, adopt additional specifications and further define or modify the mapping data requirements under this section for reasons including, but not limited to, changes in technology or the law regarding public disclosure of a provider’s mapping information. When the city modifies and/or amends the mapping data requirements, the city shall use best efforts to avoid unreasonably increasing the burden to the providers that may be associated with satisfying the amended mapping requirements. When the mapping requirements are amended, each provider shall be served with a copy of the new specifications or modifications by regular U.S. mail to the system representative identified in each certificate of registration and in accordance with § 1074.99 of this chapter; provided, however, that, any failure of any provider to actually receive such notice shall not in any way affect the validity or enforceability of said specifications or modifications.
(C) Requests for information. In the event that the city receives a request from a third party for the disclosure of information a provider has clearly marked as “confidential/proprietary information”, then the city shall respond in accordance with Ohio R.C. Ch. 149. However, the city shall endeavor to use reasonable best efforts to timely place the provider’s system representative on notice that such a request for public disclosure has been made, at which point it will be the provider’s sole and exclusive responsibility to take whatever steps it deems necessary to protect such documents from disclosure.
(Prior Code, § 1074.06) (Ord. 76-2018, passed 9-24-2018)