CHAPTER 8
OVERSIGHT AND REGULATION
Sections:
13-8-101 Insurance, Indemnity, and Security.
13-8-101 Insurance, Indemnity, and Security.
Prior to the execution of a Franchise, a Provider will deposit with the City an irrevocable, unconditional letter of credit or surety bond as required by the terms of the Franchise, and shall obtain and provide proof of the insurance coverage required by the Franchise. A Provider shall also indemnify the City as set forth in the Franchise.
(Statutory Authority UCA 10-8-1 and Telecommunications Act of 1996 (Act) [P.L. No. 104-104]; adopted by Ordinance No. 20-98)
13-8-102 Oversight.
The City shall have the right to oversee, regulate and inspect periodically the construction, maintenance, and upgrade of the System, and any part thereof, in accordance with the provisions of the Franchise and applicable law. A Provider shall establish and maintain managerial and operational records, standards, procedures and controls to enable a Provider to prove, in reasonable detail, to the satisfaction of the City at all times throughout the Term, that a Provider is in compliance with the Franchise. A Provider shall retain such records for not less than the applicable statute of limitations.
(Statutory Authority UCA 10-8-1 and Telecommunications Act of 1996 (Act) [P.L. No. 104-104]; adopted by Ordinance No. 20-98)
13-8-103 Maintain Records.
A Provider shall at all times maintain:
(1) On file with the City, a full and complete set of plans, records and “as-built” hard copy maps and, to the extent the maps are placed in an electronic format, they shall be made in electronic format compatible with the City’s existing GIS system, of all existing and proposed installations and the types of equipment and Systems installed or constructed in the Rights-of-Way, properly identified and described as to the types of equipment and facility by appropriate symbols and marks which shall include annotations of all Rights-of-Ways where work will be undertaken. As used herein, “as-built” maps includes “file construction prints.” Maps shall be drawn to scale. “As-built” maps, including the compatible electronic format, as provided above, shall be submitted within thirty (30) days of completion of work or within 30 days after completion of modification and repairs. “As- built” maps are not required of the Provider who is the incumbent local exchange carrier for the existing System to the extent they do not exist.
(2) Throughout the term of the Franchise, a Provider shall maintain complete and accurate books of account and records of the business, ownership, and operations of a Provider with respect to the System in a manner that allows the City at all times to determine whether a Provider is in compliance with the Franchise. Should the City reasonably determine that the records are not being maintained in such a manner, a Provider shall alter the manner in which the books and/or records are maintained so that a Provider comes into compliance with this Section. All financial books and records which are maintained in accordance with the regulations of the FCC and any governmental entity that regulates utilities in the State of Utah, and generally accepted accounting principles shall be deemed to be acceptable under this Section.
(Statutory Authority UCA 10-8-1 and Telecommunications Act of 1996 (Act) [P.L. No. 104-104]; adopted by Ordinance No. 20-98)
13-8-104 Confidentiality.
If the information required to be submitted is proprietary in nature or must be kept confidential by federal, state or local law, upon proper request by a Provider, such information shall be classified as a Protected Record within the meaning of the Utah Government Records Access and Management Act (GRAMA), making it available only to those who must have access to perform their duties on behalf of the City, provided that a Provider notifies the City of, and clearly labels the information which a Provider deems to be confidential, proprietary information. Such notification and labeling shall be the sole responsibility of the Provider.
(Statutory Authority UCA 10-8-1 and Telecommunications Act of 1996 (Act) [P.L. No. 104-104]; adopted by Ordinance No. 20-98)
13-8-105 Provider’s Expense.
All reports and records required under this Ordinance shall be furnished at the sole expense of a Provider, except as otherwise provided in this Ordinance or a Franchise.
(Statutory Authority UCA 10-8-1 and Telecommunications Act of 1996 (Act) [P.L. No. 104-104]; adopted by Ordinance No. 20-98)
13-8-106 Right of Inspection.
For the purpose of verifying the correct amount of the franchise fee, the books and records of the Provider pertaining thereto shall be open to inspection or audit by duly authorized representatives of the City at all reasonable times, upon giving reasonable notice of the intention to inspect or audit the books and records, provided that the City shall not audit the books and records of the Provider more often than annually. The Provider agrees to reimburse the City the reasonable costs of an audit if the audit discloses that the Provider has paid ninety-five percent (95%) or less of the compensation due the City for the period of such audit. In the event the accounting rendered to the City by the Provider herein is found to be incorrect, then payment shall be made on the corrected amount within thirty (30) calendar days of written notice, it being agreed that the City may accept any amount offered by the Provider, but the acceptance thereof by the City shall not be deemed a settlement of such item if the amount is in dispute or is later found to be incorrect.
(Statutory Authority UCA 10-8-1 and Telecommunications Act of 1996 (Act) [P.L. No. 104-104]; adopted by Ordinance No. 20-98)