Section 24-3311. OCCUPATION OF THE PUBLIC RIGHTS-OF-WAY

 

3311.1All persons occupying the public rights-of-way on the effective date of this rule shall file a statement with the Director of the Department of Public Works on or before January 24, 1997 containing the following information:

 

(a)The location and purpose for which the public rights-of-way are currently utilized; and

 

(b)A statement indicating whether the person intends to continue to occupy the public rights-of-way after February 24, 1997.

 

3311.2If the statement indicates an intent to continue to occupy the public rights-of-way after February 24, 1997 the statement shall further specify:

 

(a)The rates that the person believes are a fair and equitable charge for its occupation of the public rights-of-way, along with the justification for the person's opinion; and

 

(b)If the public rights-of-way are being subleased, the statement shall specify the rates, terms and conditions under which the person subleases the space.

 

3311.3Any trade secrets or commercial and financial information submitted in the statement shall be marked confidential and shall be held in confidence by the Department. Any non-governmental person requesting access to confidential information submitted pursuant to Section 3311 shall first execute a confidentiality agreement with the person who submitted the information.

 

 

authority

Section 7 of the Department of Transportation Establishment Act of 2002, effective May 21, 2002 (D.C. Law 14-137); Title VI of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law 11-198; D.C. Official Code §§ 10-1141.01 et seq.); Mayor's Order 96-8, dated January 31, 1996; and Mayor's Order 2002-102, dated June 12, 2002.

source

Final Rulemaking published at 43 DCR 6581 (December 13, 1996); as amended by Final Rulemaking published at 49 DCR 8562 (September 13, 2002).