The Borough shall have the right to inspect,
copy or transcribe at any time during normal business hours at grantee's
office within the franchise territory all records of the grantee which
are required to carry out its regulatory responsibilities hereunder.
Except where a different time or requirement
is specified by this chapter or the Franchise Agreement, the grantee
shall file with the Borough upon request:
A. Regulatory communications. All correspondence received
from the FCC, as well as all reports submitted to the FCC including,
but not limited to annual proof of performance tests and results,
and Equal Employment Opportunity (EEO) reports, and all petitions,
application and communications of all types submitted by 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 grantee's system shall be provided
simultaneously to the Borough.
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 Borough. Such report shall
also contain any revisions to the system "as built" maps filed with
the Borough.
C. Construction reports. Construction reports shall be
sent to the Borough 30 days after the franchise is awarded and monthly
thereafter until construction is completed.
D. Proof of bonds and insurance. Grantee shall submit
to the Borough the required performance bond, or a certified copy
thereof, and written evidence of payment of required premium, and
all policies of insurance required by this chapter, or certificates
evidencing same.
E. Financial and ownership reports.
(1) An annual ownership report, indicating all persons,
who at any time during the preceding year did control or benefit from
an interest in the franchise of 1% or more.
(2) An annual financial report for the previous calendar
year specific to operations within the Borough, certified by the grantee's
chief financial officer or appropriate corporate officer attesting
to the truth and accuracy of the information provided, including year-end
balance sheet; income statement for the twelve-month period ending
December 31, showing subscriber revenue, operating expenses, depreciation
expense, interest expense and taxes paid; statement of sources and
applications of funds; and depreciation schedule, prepared in accordance
with generally accepted accounting principles.
(3) A current annual statement of all capital expenditures
including the cost of construction and of equipment.
(4) An annual list of officers and members of the Board
of grantee specific to operations within the Borough and of any parent
corporation.
F. Operational reports.
(1) An annual report on the system's technical tests and
measurements as set forth herein and in the Franchise Agreement.
(2) An annual summary of programs and services offered
by grantee, including public, educational, government, and leased
access.
(3) An annual projection of system and service plans.
(4) A semi-annual summary of service calls received an
handled in addition to any reports required in the Franchise Agreement.
(5) A quarterly summary of activities including, but not
limited to, subscriber totals for each category of service offered
including number of pay units sold and new services offered.
G. Additional reports. The grantee shall prepare and
furnish to the Borough 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 regulatory duties of the Borough in connection
with this chapter or the Franchise Agreement.