If a telecommunications provider considers information it is
obligated to provide to the Borough under this chapter to be a business
or trade secret or otherwise proprietary or confidential in nature,
and desires to protect the information from disclosure, then the telecommunications
provider shall mark such information as proprietary and confidential.
Subject to the requirements of the Right to Know Act of 2009, 65 P.S.
§ 67.101 et seq., as amended, and other applicable law,
the Borough shall exercise reasonable good faith efforts to protect
such proprietary and confidential information that is so marked from
disclosure. The Borough shall provide notice to the telecommunications
provider in the following circumstances: (i) if the Borough receives
a request for disclosure of such proprietary and confidential information
and the Borough Solicitor determines that the information is or may
be subject to disclosure under applicable law; or (ii) if the Borough
Solicitor determines that the information should be disclosed in relation
to its enforcement of this chapter or the exercise of its police or
regulatory powers. In the event the telecommunications provider does
not obtain a protective order barring disclosure of the information
from a court of competent jurisdiction within 30 days following receipt
of the Borough's notice, then the Borough may disclose the information
without further notice to the telecommunications provider.
Subject to the provisions of this chapter and with prior written
approval of the Borough, a non-PUC regulated entity shall have the
right to furnish any facilities for which it has the applicable authorization
to own, construct, operate and/or maintain in the right-of-way to
another telecommunications provider for the latter's use in constructing
or operating its own facilities in the right-of-way, provided that:
A.
The entity furnishing its facilities to another shall first deliver
to the Borough notice that there is a fully signed and executed lease,
rental agreement, or other agreement with such other telecommunications
provider pursuant to which the facilities are to be furnished; and
B.
The telecommunications provider to which the facilities are furnished
shall comply with all of the requirements of this chapter and other
applicable policies and procedures.
Within 10 days of a written request from the Borough, each Permitee
shall furnish the Borough with information sufficient to demonstrate
the following: that the Permitee has complied with all requirements
of this chapter; that all fees and taxes due the Borough in connection
with the services and facilities provided by the Permitee have been
properly paid by the Permitee; and any other information reasonably
related to the Permitee's obligations pursuant to this chapter.
The Borough shall have the right, upon 30 days' written
notice and during normal business hours, to inspect all documents,
records, maps and other pertinent information maintained by the Permitee
that relate directly to the terms and conditions of this chapter.
No ROW use authorization or ROW use permit includes, means,
or is in whole or part a substitute for any other permit or authorization
required by the laws and regulations of the Borough for the privilege
of transacting and carrying on a business within the Borough; or any
permit or agreement for occupying any other property of the Borough.
The failure of the Borough to insist on timely performance or
compliance by any Permitee holding a right-of-way use authorization
shall not constitute a waiver of the Borough's right to later
insist on timely performance or compliance by that Permitee or any
other Permitee holding such a right-of-way use authorization. The
failure of the Borough to enforce any provision of this chapter on
any occasion shall not operate as a waiver or estoppel of its right
to enforce any provision of this chapter on any other occasion, nor
shall the failure to enforce any prior ordinance or Borough Charter
provision affecting the right-of-way, any facilities, or any user
or occupant of the right-of-way act as a waiver or estoppel against
enforcement of this chapter or any other provision of applicable law.
The Borough is authorized to establish such written policies
and procedures consistent with this chapter as the Borough deems necessary
for the implementation of this chapter.
The Borough, by granting any permit or taking any other action
pursuant to this chapter, does not waive, reduce, lessen or impair
the lawful police powers vested in the Borough under applicable federal,
state and local laws and regulations.
If any section, subsection, sentence, clause, phrase or word
of this chapter is for any reason held illegal or invalid by any court
of competent jurisdiction, such provision shall be deemed a separate,
distinct and independent provision, and such holding shall not render
the remainder of this chapter invalid.
This chapter shall become effective as provided by law.
