The grantee shall file the following reports 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 (EEO) 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 state 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. Such report shall also contain any
revisions to the system as-built maps filed with the township. The annual
report shall be provided in February.
C. Construction reports. During the progress of any construction,
construction reports shall be sent to the township on a bimonthly basis for
any construction undertaken during the term of the franchise until construction
is complete, including the rebuild, as specified in the 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 this ordinance.
E. Tests required by township. Technical tests required
by the township as specified in this ordinance 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.
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 state and federal laws, rules or regulations.
H. Proof of bonds and insurance. The grantee shall submit
to the township the required construction bond or performance bond, or a certified
copy thereof, and written evidence of payment of the required premium and
all policies of insurance required by this ordinance, or certified copies
thereof, and written notice of payment of the required premium.
I. Financial reports. The following financial reports for
the franchise area shall be submitted to the township as provided for below:
(1) An 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 within 30 days of the effective date of the franchise
and upon any change thereafter.
(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 a 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.
(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.
(4) A list of officers and members of the Board of the grantee
and of any parent corporation within 30 days of the effective date of the
franchise and any change thereafter.
J. Operational reports. The following system and operational
reports shall be submitted to the township on request:
(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 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 ordinance or the
franchise.