§ 98.207. Oversight and regulation.

A.

Reports. Upon the request of the City, a provider shall promptly submit to the City any information or report, but not including confidential/ proprietary information as described in Section 98.207(B), that is reasonably related to a provider's obligations under this article, or its business and operations with respect to the system or its operation, in such form and containing such information as the City shall specify. Such information or report shall be accurate and complete and supplied within thirty days of the City's request.

B.

Confidential/Proprietary Information. All information submitted to the City that is considered confidential information, trade secret and/or proprietary information or information that upon public its disclosure would be highly likely to place critical portions of the provider's system in real danger of vandalism, sabotage or an act of terrorism, must be clearly marked as such when submitted. The City shall endeavor to exercise all reasonable legal protections so as not to publicly disclose to any third party such information, unless required by law. The City shall, following receipt of a request for public disclosure of clearly marked trade secret and/or proprietary information submitted by a provider, use reasonable best efforts and endeavor to provide five days' notice to the provider's system representative 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.

C.

Provider's Expense. Unless otherwise required by law, all reports and records required under this article shall be furnished at the sole expense of a provider.

D.

Right of Inspection and Audit. The City's designated representatives shall have the right to inspect, examine, or audit during normal business hours and upon reasonable notice to a provider under the circumstances, documents, records, or other information that pertain to a provider's operation of a system within the City that are related to its obligations under this chapter. All such documents shall be made available within the City or in such other place that the City may agree upon in writing in order to facilitate said inspection, examination, or audit.

E.

Rules and Regulations. The Director of Public Service may propose and adopt (and from time to time amend) the rules and regulations regarding this article, design guidelines, construction standards and occupancy requirements of the right-of-way. Prior to the initial adoption of the rules and regulations, the Director of Public Service shall provide written notice and a copy of the proposed language of such adoption, via regular U.S. Mail, to each provider who holds a then current certificate of registration. Each provider shall then have thirty days following the date of the City's mailing to provide written comment regarding the proposed language to the Director of Public Service. At least forty-five days, but not more than sixty days following the date of the City's mailing, the Director of Public Service shall schedule and hold a meeting to make available a forum at which all then current Providers may address any questions, concerns and make reasonable suggestions regarding the proposed new rules and regulations to the Director of Public Service. The Director of Public Service shall, following said meeting and the review of the providers' comments and suggestions, adopt the rules and regulations in a manner that best serves the City.

(Ord. 266-2018)