(a) Reporting Obligations of Providers. Each Provider shall at the time of initial application, using its best efforts, by January 1st of each following year, file a construction and major maintenance plan with the Public Service Director. Such construction and major maintenance plan shall be provided for all geographical areas requested by the Public Service Director, up to and including the entire geographical area of 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 Public 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 or major maintenance projects for the next calendar year; if none are scheduled or anticipated, then the plan shall so state.
(b) Mapping Data.
(1) 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 (rounded up to the nearest mile) of rights-of-way the Provider's system currently occupies and begin submitting to the City all information that currently exists and 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 ready (or readily converted to a readable form) by the City. Unless otherwise required by Section 1028.16(b), a Provider shall have up to one (1) 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 a Provider's system in the entire geographical area of the City which it owns or over which it has control that are located in any rights-of-way of the City 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. 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 Public 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 Public Service Director, a Provider shall be required to provide 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, as required by the City. 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 sixty (60) calendar days of receipt of an invoice shall subject an applicant or Provider to revocation of its Certificate of Registration and the penalties of Section 1028.99 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 1st of the number of miles (rounded up to the nearest mile) of rights-of-way the Provider's system then occupied as of the immediately previous December 1st.
(2) The Public 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 of Section 1028.07(b) 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 Section 1028.23(d); 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.
(3) A Provider shall notify the City if the Provider believes that any specific document or portion of a document being submitted to the City is exempt from the public records disclosure requirements of ORC 149.43. The notification shall be in writing and indicate the specific document or portion of a document that the Provider believes is exempt from disclosure. The notification shall include the legal basis for the claimed exemption, including the applicable statutory reference and any additional information necessary to make a determination of exemption for each specific document or portion of a document. If a public records request is made for documents submitted by a Provider, the City will consider the written notification in making its own independent determination of whether a specific document or a portion of a document is exempt from the disclosure requirements of ORC 149.43. To the extent permitted by law, the City will endeavor to use reasonable best efforts to notify the Provider of the request prior to making the document available for inspection or copying.
(Ord. 2022-46. Adopted 12/08/22)