Borough of East Greenville, PA Article VIII Books, Records and Reports

§ 39-34 Records and books available to grantor.

The borough shall have the right to inspect, copy or transcribe at any time during normal business hours at the grantee's office within the franchise territory all records of the grantee which are required to carry out its regulatory responsibilities hereunder.

§ 39-35 Reports required.

Except where a different time or requirement is specified by this chapter or the franchise agreement, the grantee shall file with the borough upon request:

A. Regulatory communications. All correspondence received from the FCC, as well as all reports submitted to the FCC, including but not limited to annual proof of performance tests and results and Equal Employment Opportunity (EEO) reports and all petitions, applications and communications of all types submitted by the grantee to the FCC, the Security and Exchange Commission (SEC) or any other federal or state regulatory commission or agency having jurisdiction over any matter affecting operation of grantee's system, shall be provided simultaneously to the borough.

B. Facilities report. An annual report setting forth the physical miles of plant construction and plant in operation during the fiscal year shall be submitted to the borough. Such report shall also contain any revisions to the system as-built maps filed with the borough.

C. Construction reports. Construction reports shall be sent to the borough 30 days after the franchise is awarded and monthly thereafter until construction is completed.

D. Proof of bonds and insurance. The grantee shall submit to the borough the required performance bond or a certified copy thereof and written evidence of payment of required premium and all policies of insurance required by this chapter or certificates evidencing the same.

E. Financial and ownership reports.

(1) An annual ownership report, indicating all persons who at any time during the preceding year did control or benefit from an interest in the franchise of 1% or more.

(2) An annual financial report for the previous calendar year specific to operations within borough, certified by the grantee's chief financial officer or appropriate corporate officer attesting to the truth and accuracy of the information provided, including year-end balance sheet; income statement for the twelve-month period ending December 31, showing subscriber revenue, nonsubscriber revenue, operating expenses, depreciation expense, interest expense and taxes paid; statement of sources and applications of funds; and depreciation schedule, prepared in accordance with generally accepted accounting principles.

(3) A current annual statement of all capital expenditures, including the cost of construction and of equipment.

(4) An annual list of officers and members of the Board of the grantee specific to operations within the borough and of any parent corporation.

F. Operational reports.

(1) An annual report on the system's technical tests and measurements as set forth herein and in the franchise agreement.

(2) An annual summary of programs and services offered by the grantee, including public, educational, government and leased access.

(3) An annual projection of system and service plans.

(4) A semiannual summary of service calls received and handled, in addition to any reports required in the franchise agreement.

(5) A quarterly summary of activities, including but not limited to subscriber totals for each category of service offered, including number of pay units sold and new services offered.

G. Additional reports. The grantee shall prepare and furnish to the borough, at the times and in the form prescribed, such additional reports with respect to its operation, affairs, transactions or property as may be reasonably necessary and appropriate to the performance of any of the regulatory duties of the borough in connection with this chapter or the franchise agreement.