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D. A nonprofit hospital which is exempt from federal income tax under Section 501(a) of the United States Code; or E. A nonprofit educational organization which is exempt from federal income tax under Section 501(a) of the United States Code; or F. Any person when imposition of such fee upon that person would violate the Constitution of the United States, the Constitution of the State of California, or preemptive federal or State law; or G. Any governmental office. SEC. 2-16-220 Annual Report. A. The Finance Director shall identify data required and make appropriate requests to each service supplier for information sufficient to identify the number of access lines maintained by that service supplier, including separate identification of the number of trunk lines and super trunk lines that are "access lines" for purposes of this Chapter, as well as the number of exempt lines as specified in Section 2-16-215 of this Chapter. Upon a request by any service supplier, the Finance Director shall provide the requesting service supplier with anon-disclosure, confidentiality agreement on behalf of the City of San Leandro and shall remain under a continuing duty to protect all information provided by service suppliers subject to such agreement from any use other than that described in Section 2-16-220 of this Chapter, and from disclosure to any third parties including, but not limited to, other service suppliers. B. No later than March 1 of each year and using the data provided by the service suppliers pursuant to the immediately preceding subsection, the Finance Director shall estimate the percentage of access lines that are subject to payment of the Emergency Communication System Access Fee as of December of the prior calendar year as reported by service suppliers under Section 2-16-245(B). The Finance Director's report shall also identify the adjusted amount of the fee cap established by subsection (B) of Section 2-16- 210 of this Chapter that will apply in the following fiscal year. C. Eligible operating costs and eligible project costs, along with exempt operating costs and exempt project costs, will be determined and reported annually in the Annual Report based on the current year's budget. D. No later than March 1 in each odd numbered year, the Finance Director will evaluate information from industry sources, regulatory bodies, and City experience to determine whether the fee rates for trunk lines and super trunk lines continue to reasonably reflect the increased estimated access to the 911 communication system provided to trunk line subscribers relative to access line subscribers. ORDINANCE N0.2004-015 7