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 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 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.
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 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.
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 communication 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.
