(a) Initial Registration. Any service provider with presumed initial consent to occupy or use the public rights-of-way as provided in Section 1022.02(b) shall file an initial registration with the City within ninety days of the effective date of this chapter, on a form provided by the City, which shall include the information in Section 1022.02(c)(2).
(b) Annual Registration Required. All service providers with consent to occupy or use the public right-of-way as provided in Section 1022.02(a) shall register with the City each calendar year between January 1 and January 31 on a form provided by the City. The form will allow the service provider to indicate when there is no change in the information required, and when such indication is submitted, previously provided information will be considered current and will be relied upon. Service providers who file an initial registration after September 30 of any year need not file an annual registration for next calendar year,
(c) Purpose of Registration. The purpose of registration under this section is to:
(1) Compile, update and supplement the City's database so that the City has accurate and current information concerning the service providers that own or operate facilities, and/or provide services, in the City's public right-of-way;
(2) Assist the City in monitoring the usage of the public right-of-way in order to ensure that the public receives the maximum possible benefit from that use and the use is consistent with the best management and care of the public right-of-way;
(3) Assist the City in the collection and enforcement of any municipal taxes, franchise fees, compliance fees or charges that may be due the City; and
(4) Assist the City in monitoring compliance with local, State and Federal laws.
(d) Information Required for Registration. Registration forms will be provided by the City and shall require the following information:
(1) Any material changes to the information the service provider provided to the City in the application for consent to occupy or use the public right-of-way including, but not limited to:
A. The identity, legal status, and Federal tax identification number of the service provider, including any affiliates.
B. The name, address and telephone number of the local officer, agent or employee responsible for the accuracy of the service provider's registration statement and available at all reasonable times to be notified in case of emergency.
(2) Evidence that the service provider is in compliance with the insurance, indemnity and performance bond requirements pursuant to Sections 1022.02(e), (f) and (g).
(3) Information regarding, and a preliminary construction schedule and completion date for any capital improvements and reconstruction the service provider plans in the City's public right-of-way for the twelve months following the date of registration, including all of the following:
A. A description clearly showing the location of all the proposed capital improvements, including horizontal and vertical information; facility type, size, depth, and capacity; or such other information the City Engineer determines is necessary. In no event shall the description of the proposed capital improvement be less than by City quadrant and/or street name and facility type. The service provider shall update all required information as soon as it becomes available.
B. If the service provider is constructing a new system or reconstructing 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 provider.
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 Communications Commission to provide telecommunications or cable services over a system in the City.
(4) Such other information as the City Engineer may reasonably require.
(e) Service Provider's Facilities Maps.
(1) The City shall have the right to access and review all the service provider's maps and/or as-built plans showing the location of its facilities in the City's rights-of-way, upon ten days notice to the service provider.
(2) Upon written request by the City Engineer, each service provider shall work in good faith with the City to provide, in a reasonable time and manner, maps and/or as built plans in a format compatible with the City's current and/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 and/or as-built plans provided under this division (e) as proprietary and/or a trade secret so as to remain confidential. In this event, the City shall seek to maintain the confidentiality of such maps and/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 and/or as-built plans the service provider has designated as proprietary and/or a trade secret. The service provider shall have three business days from the written notice to object to any public records disclosure and to agree in writing to defend and indemnify the City with respect 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 requirement, each service provider shall keep all required registration information current at all times and shall provide the City with notice of changes to the required information within fifteen days following the date on which the service provider has notice of the need for such change.
(g) Registration Fee. Each service provider shall reimburse the City for its administrative costs related to maintaining annual registration and such reimbursement may be in the form of a registration fee or as provided in Section 1022.08
, as may be determined by the City.
(Ord. 2017-O-04. Passed 4-11-17.)