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 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:
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.
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 twelve-month
period prior to a performance review.
(2)
A full and complete set of plans, records, and as-built
maps showing the approximate location of all broadband system equipment
installed or in use in the Township, exclusive of subscriber service
drops.
B.
Upon the request of the Township for specific locations
in the Township, the franchisee shall mark the exact locations of
the broadband system equipment installed or in use at the specified
locations, in accordance with the Underground Utility Line Protection
Law, the Act of December 10, 1974, P.L. 852, No. 287, 73 P.S. § 176
et seq., as amended by Act 38 of 1991, and as may be amended from
time to time.
C.
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.
All evaluation sessions shall be open to the public
and announced in a newspaper of general circulation. Franchisee shall
notify subscribers of all such evaluation sessions by announcement
on a local origination channel on the system between the hours of
11:00 a.m. and 9:00 p.m. for five consecutive days preceding each
session.
D.
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 FCC filings, and line
extensions.
E.
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.
A.
If this Article VIII or any request for information by the Township under this chapter requires the production of proprietary information, the franchisee must produce the information. However, at the time the allegedly proprietary information is submitted, the franchisee may request that specific, identified portions of its response be treated as confidential and withheld from public disclosure. The request must state the reason why the information should be treated as proprietary and the facts that support those reasons. The request for confidentiality will be granted if the Township determines that the preponderance of the evidence shows that nondisclosure is consistent with the provisions of the Freedom of Information Act, 5 U.S.C. § 552. If the Township decides that information can be withheld, it will issue a written decision explaining the basis for withholding the information, and place that decision in a public file for inspection. If the franchisee requests confidentiality and the request is denied, the franchisee may seek review within five working days of the denial in any appropriate forum.
B.
Any interested party may file a request to inspect
material withheld as proprietary with the Township. The Township shall
weight the policy considerations favoring nondisclosure against the
reason cited for permitting inspection in light of the facts of the
particular case. It will then promptly notify the requesting entity
and the franchisee that submitted the information as to the disposition
of the request. It may grant, deny or condition a request. The requesting
party or the franchisee may seek review of the decision by filing
an appeal in any appropriate forum. Disclosure will be stayed pending
resolution of any appeal.
