The Township shall have the right to inspect and copy upon two weeks'
written notice, at any time during normal business hours at the broadband
system office or at such locations as the Township and the franchisee may
agree, all books, receipts, maps, plans, financial statements, contracts,
service complaint logs, performance test results, records of request for service
and other like material of franchisee which the Township deems appropriate
in order to monitor compliance with the terms of this chapter, a franchise
agreement, a rate regulation filing or applicable law.
The franchisee shall, upon the request of the Township, make the following
reports available to the Township for inspection and copying of the franchisee's
office:
A. All reports required by the Federal Communications Commission
(FCC) including, but not limited to, any proof of performance tests and results,
equal employment opportunity (EEO) reports and all petitions, applications
and communications of all types submitted by franchisee 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 franchisee's
system.
B. 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 broadband system "as-built" maps filed with the Township. The annual report
shall be available in February.
C. Construction reports shall be available to the Township
bimonthly after the franchise is awarded for any construction undertaken during
the term of the franchise until construction is complete, including any rebuild
that may be specified in the franchise.
D. Proof of performance test results shall be available
to the Township when sections of the broadband system are rebuilt and as required
in this chapter.
E. Technical tests required by the Township as specified
in this chapter and the franchise agreement shall be available to the Township
promptly upon completion of such tests.
F. Ownership reports for the franchise area shall be available
annually to the Township 90 days after the end of the franchisee's fiscal
year to reflect any changes from the preceding year in the following:
(1) Any persons, who at any time during the preceding year
did control or benefit from an interest in the franchise of 5% or more.
(2) All officers and members of the Board of Directors of
franchisee.
G. The following broadband system and operational reports
shall be available annually to the Township:
(1) A report on the broadband system's technical tests and
measurements.
(2) A report on programs and services offered by franchisee,
including public, educational, governmental and leased access channels.
(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 broadband 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 broadband system and service
plans for the future.
H. The franchisee shall prepare and make available to the
Township at the time 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.