The Township shall have the right to inspect
and copy upon two weeks' written notice at any time during normal
business hours at the broadband system office or at such location
as the Township and the franchisee may agree, all books, receipts,
maps, plans, financial statements, contracts, service complaint logs,
performance test results, records of requests for service and other
like material of the franchisee which the Township deems appropriate
in order to monitor compliance with the terms of this chapter, a franchise
agreement, a rate regulation filing or applicable law.
The franchisee shall, upon the request of the
Township, make the following reports available to the Township for
inspection and copying at the franchisee's office:
A. All reports required by the Federal Communications
Commission (FCC), including, but not limited to any proof of performance
tests and results, Equal Employment Opportunity (EEO) reports, and
all petitions, applications, and communications of all types submitted
by the franchisee 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 franchisee's
system.
B. An annual report setting forth the physical miles
of plant construction and plant in operation during the fiscal year
shall be submitted to the Township. Such report shall also contain
any revisions to the broadband system as-built maps filed with the
Township. The annual report shall be available in February.
C. Construction reports shall be available to the Township
bimonthly after the franchise is awarded for any construction undertaken
during the term of the franchise until construction is complete, including
any rebuild that may be specified in the franchise.
D. Proof of performance test results shall be available
to the Township when sections of the broadband system are rebuilt
and as required in this chapter.
E. Technical tests required by the Township as specified
in this chapter and the franchise agreement shall be available to
the Township promptly upon completion of such tests.
F. Ownership reports for the franchise area shall be
available annually to the Township 90 days after the end of the franchisee's
fiscal year to reflect any changes from the preceding year in the
following:
(1) Any persons who at any time during the preceding year
did control or benefit from an interest in the franchise of 5% or
more.
(2) All officers and members of the Board of Directors
of the franchisee.
G. The following broadband system and operational reports
shall be available annually to the Township:
(1) A report on the broadband system's technical tests
and measurements.
(2) A report on programs and services offered by the franchisee,
including public, educational, governmental, and leased access channels.
(3) An annual summary of the previous year's activities,
including, but not limited to, subscriber totals for each category
of service offered, including number of pay units sold, new services
offered, and the amount collected annually from other users of the
broadband system and the character and extent of the service rendered
thereto.
(4) An annual summary of complaints received and handled
in addition to any reports required in the franchise.
(5) An annual projection of broadband system and service
plans for the future.
H. The franchisee shall prepare and make available to
the Township at the time 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 rights, functions or duties of the Township in connection
with this chapter or the franchise.