A.
Upon reasonable prior written notice to the grantee,
the Borough or its officially designated representatives may review the grantee's
books and records that relate directly the operation of the cable system and
the provision of cable service in the franchise area, or the computation of
franchise fees, at the grantee's business office during normal business
hours and on a nondisruptive basis as is reasonably necessary to ensure the
grantee's compliance with the terms and conditions of the franchise.
Such books and records shall include, without limitation, any records required
to be kept in a public file by the grantee pursuant to the rules and regulations
of the FCC. All such documents pertaining to financial matters which may be
the subject of an audit by the Borough shall be retained by the grantee for
a minimum period of three years.
B.
Grantee shall not be required to disclose information
which it reasonably deems to be proprietary or confidential in nature. The
Borough and its officially designated representatives agree to treat any information
disclosed as confidential and only to disclose it to employees, representatives
and agents of the franchising authority that have a need to know or in order
to enforce this franchise agreement. The grantee shall not be required to
provide customer information in violation of Section 551 of the Cable Act.
For purposes of this section, the terms "proprietary" or "confidential" include,
but are not limited to, information relating to the cable system design, customer
lists, cable service and marketing plans, financial information unrelated
to the calculation of franchise fees or rates pursuant to FCC rules or other
information that is reasonably determined by the grantee to competitively
sensitive.
The grantee shall file with the Borough upon written request:
A.
Regulatory communications. A copy of the filing of any
report, application, response or other document directly pertinent to the
grantee with the FCC and the grantee's parent company 10-K filing with
the Security and Exchange Commission.
B.
Facilities report. A report setting forth the physical
miles of cable construction and plant in operation during the fiscal year.
Such report shall also contain any revisions to the system location map filed
with the Borough.
C.
Construction reports. Construction reports of any initial
franchise 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. Grantee shall submit to
the Borough the required performance bond, or a certified copy thereof, or
certificates of insurance evidencing same.
E.
Financial and ownership reports.
(1)
A list of names of the officers and members of the board
of the grantee and that of the parent company.
(2)
An annual consolidated financial statement.
(3)
A summary of the previous year's activities related
to operation of the cable system and the number of subscribers
(4)
A report on the system's technical tests and measurements
as set forth in the franchise agreement.
