(A) Except in emergencies, within 60 days of the city’s written request, a communications provider shall provide the city with the following:
(1) Information sufficient to demonstrate that the communications provider has complied with all requirements of this chapter and any applicable franchise agreement, including, but not limited to, the franchise fee or right-of-way use fee payments required by § 111.41; and
(2) Unless otherwise provided in an unexpired franchise agreement, all books, records, maps, and other documents maintained by the communications provider with respect to its facilities within the public rights-of-way.
(B) Unless otherwise provided in an unexpired franchise agreement, if the city’s audit or review of the communications provider’s books, records, and other documents or information demonstrates that the communications provider has underpaid the applicable franchise fee or the right-of-way use fee by 3% or more in any one fiscal year, the communications provider shall reimburse the city for the cost of the audit or review, in addition to correcting the underpayment and paying any interest or penalties owed. Any underpayment, including any interest or audit cost reimbursement, shall be paid within 30 days of the city’s notice to the communications provider of such underpayment, unless other payment timelines are otherwise provided in an unexpired franchise agreement.
(Ord. 557-2019, passed 12-9-2020)