The township or its designated agent shall have
the right to inspect and copy, upon two weeks' written notice at any
time during normal business hours at the system office or at such
location as the township may designate, all books, receipts, maps,
plans, financial statements, contracts, service complaint logs, performance
test results, records of requests for service and other like material
of the franchisee which the township deems appropriate in order to
monitor compliance with the terms of this chapter, a franchise agreement
or applicable law. A denial of access by the franchisee for 30 days
after written notice shall be deemed a violation of the franchisee's
franchise.
The franchisee shall file the following reports
with the township:
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 the franchisee to the Federal Communications Commission, 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 franchisee's system shall be submitted to the township.
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 system as-built maps filed with the township.
The annual report shall be provided no later than March 31 of each
year during the term of a franchise.
C.
Construction reports shall be sent 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.
Upon the township's request, proof of performance
test results shall be supplied to the township when sections of the
system are rebuilt and as required in this chapter. Such performance
shall comply with Federal Communications Commission technical standards
issued January, 1993, as amended.
E.
Upon township request, technical tests required by
the township, as specified in this chapter and the franchise agreement,
or required by federal statute, rules or regulations shall be submitted
to the township promptly upon completion of such tests.
F.
The following financial reports for the franchise
area shall be submitted annually to the township 90 days after the
end of the franchisee's fiscal year:
(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.
(2)
An annual fully audited and certified financial report
from the previous calendar year, including a year-end balance sheet;
an income statement showing subscriber revenue from each category
of service and every source of nonsubscriber revenue; a statement
of sources and applications of funds; and a depreciation schedule.
(3)
A list of officers and members of the Board of Directors
of the franchisee and any affiliates at the inception of a franchise
or renewal of a franchise. Thereafter, a list of officers and members
of the Board of Directors of the franchisee and any affiliates shall
be submitted to township if there has been a change in the President
or Chairman of the Board or more than 50% of the members of the Board
of Directors.
G.
The following system and operational reports shall
be submitted annually to the township:
(1)
A report on the system's technical tests and measurements.
(2)
A report on programs and services offered by the 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
system and the character and extent of the service rendered thereto.
(4)
An annual summary of written complaints received from
subscribers in addition to any reports required in the franchise.
(5)
An annual projection of system and service plans for
the future.
(6)
Subscriber disconnections for the period since the
last report, not including short duration disconnects (i.e. vacation
disconnects).
(7)
For purposes of rate regulation, the township may
require full disclosure of subscriber information (including contracts
for pay services) whether or not the franchisee deems the same to
be confidential, so long as information which would reveal personal
identification and viewing habits of subscriber is not requested.
H.
The franchisee shall prepare and furnish to the township
at the time and in the form prescribed such additional reports with
respect to its operation in the township, 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.
A.
The franchisee shall at all times maintain:
(1)
A record of all complaints received and interruptions
or degradation of service experienced for the preceding period prior
to a performance review.
(2)
A full and complete set of plans, records and as-built
maps showing the exact location of all cable communications system
equipment installed or in use in the township, exclusive of subscriber
service drops.
B.
The township may impose reasonable requests for additional
information, records and documents from time to time.
A.
The township may, at its discretion, hold scheduled
performance evaluation sessions annually.
B.
Special evaluation sessions may be held at any time
during the term of the franchise at the request of the township.
C.
Topics that may be discussed at any scheduled or special
evaluation session may include, but not be limited to, system performance
and construction, franchisee compliance with this chapter and the
franchise, customer service and complaint response, subscriber privacy,
services provided, programming offered, service rate structures, if
applicable, franchise fees, penalties, free or discounted services,
applications of new technologies, judicial and Federal Communications
Commission filings and line extensions.
D.
During the review and evaluation by the township,
the franchisee shall fully cooperate with the township and shall provide
such information and documents as the township may need to reasonably
perform its review.
