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 location as the township
and the franchisee may agree, 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, 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
at 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 the 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 the 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 the 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 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 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.