A.
Records. The Township or its officially designated representatives
shall have the right to inspect all pertinent or relevant records, books,
plans, customer service logs, and financial statements maintained by the grantee
which relate to the operation of the cable system, enforcement of this chapter
and the franchise, and directly to computation of gross annual revenues, and
construction and location of facilities within the Township, at the grantee's
place of business upon reasonable notice and during normal business hours.
Access to the aforementioned records shall not be denied by the grantee on
the basis that said records contain proprietary information. The Township
and its officially designated representatives agree to treat any information
disclosed and reports, maps and other documents submitted to or inspected
by the Township or its designated representatives as confidential and only
to disclose it to employees, agents or representatives thereof that have a
need to know or in order to enforce the provisions hereof. The grantee shall
make available adequate financial records within the Township to permit the
auditing of the grantee's gross revenues. The Township shall notify the
grantee in a timely manner if a request is made for information which the
grantee has clearly marked as confidential. Such notification shall specify
the period of time the grantee has to submit to the Township any comments
on the request, and may, at its own expense, resist the request. The Township,
in any event, shall not be liable for any disclosure required by law.
B.
Review. The grantee shall permit any duly authorized
representative of the Township to examine and copy or transcribe any and all
maps and other records kept or maintained by the grantee or under its control
concerning the operations, affairs, transactions or property of the grantee.
If any of such maps or records are not kept in the Township, or upon reasonable
request made available in the Township, and if the Township shall determine
that an examination of such maps or records is necessary or appropriate to
the performance of any of their duties, then all travel and maintenance expenses
necessarily incurred in making such examination shall be paid by the grantee.
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.
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.
A.
Mandatory records. The grantee shall at all times maintain:
(1)
A record of all complaints received and interruptions
or degradation of service experience for the preceding period prior to a performance
review or a maximum of three years, whichever is less.
(2)
A full and complete set of plans, records and as-built
maps showing the location of all cable system equipment installed or in use
in the Township, exclusive of subscriber service drops.
B.
Other records. The Township may impose reasonable requests
for additional information, records and documents from time to time.
