The grantee shall file with the Township:
A. Regulatory communications. Upon request from the Township, any reports required by the Federal Communications Commission (FCC) including, but not limited to any annual proof of performance tests and results, Equal Employment Opportunity (IWO) reports, required financial information, 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 commonwealth regulatory commission or agency, having jurisdiction over any matter affecting operation of the grantee's system, will be made available to the Township.
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 Township. After completion of initial construction or any rebuild, maps designating the location of the cable plant shall be filed with the Township. Thereafter, any revisions to the system shall be reflected in updated maps provided to the Township in a timely manner after such changes are made.
C. Construction reports. During the progress of any initial, rebuild, or other major construction undertaken during the term of the franchise, reports shall be sent to the Township on a bimonthly basis until construction is complete, as specified in this franchise.
D. Proof of performance tests. Proof of performance test results shall be supplied to the Township when sections of the system are rebuilt and annually as required in §
72-40B and
E of this chapter.
E. Test required by Township. Technical tests required by the Township as specified in §
72-40E of this chapter and the franchise shall be submitted within 30 days of notification.
F. Change in service. Written notification of any change in programming or service shall be provided to the Township 30 days prior to implementation, and when practicable, prior notice shall be given 45 days in advance.
G. Grantee rules. The grantee's schedule of charges, contract or application forms of regular subscriber service policy regarding the processing of subscriber complaints, delinquent subscriber disconnect and reconnect procedures and any other terms and conditions adopted as the grantee's policy in connection with its subscribers shall be filed with the Township and conspicuously posted in the grantee's local office. All such terms and conditions, including schedule of charges, must have been filed with the Township prior to their becoming effective. Such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof or applicable commonwealth and federal laws, rules or regulations.
H. Proof of bonds and insurance. The grantee shall submit to the Township 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 certified copies thereof, and written notice of payment of required premium.
I. Financial and ownership reports. The following financial reports for the franchise area shall be submitted to the Township as provided for below:
(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 5% or more to be provided where any changes in ownership have occurred from those previously reported.
(2) A fully audited and certified financial report from the previous calendar year, including year-end balance sheet; income statement showing subscriber revenue from each category of service and every source of nonsubscriber revenue, line item operating expenses, depreciation expense, interest expense and taxes paid; statement of sources and applications of funds; and depreciation schedule to be provided every three years, if requested. The fully audited and certified information will be provided on a Township basis for gross revenue. Required financial information may be provided on a consolidated basis for expenses, depreciation, and sources and applications of funds.
(3) A current annual statement of all capital expenditures including the cost of construction and of equipment to be provided every three years, if requested. Such information may be provided on a consolidated basis where franchisee specific information is not available.
(4) An annual list of any changes to the officers and members of the Board of grantee and of any parent corporation.
(5) An annual report of the grantee and any parent corporation.
J. Operational reports. The following system and operational reports shall be submitted to the Township upon written request by the Township Manager or his/her designee:
(1) A report on the system's technical tests and measurements as set forth herein and in the franchise.
(2) A report on programs and services offered by the grantee, including public, educational, government, and leased access.
(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 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 system and service plans for the future.
K. Additional reports. The grantee shall prepare and furnish to the Township 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 rights, functions or duties of the Township in connection with this chapter or the franchise, upon written request of the Township Manager or his designee.