The grantor shall have the right to inspect, upon 30 days' written notice, at any time during normal business hours at the system office all books, records, maps, plans, financial statements that directly relate to the franchise, cable service complaint logs ("trouble calls" that have generated a work order and/or necessitated a response originating from the grantor received during the prior twelve-month period), performance test results, and other like materials of grantee that relate directly to the terms and conditions of the franchise. Said books and records shall be made available for inspection at the local business office of grantee. Upon proper request by a grantee and pursuant to § 92-7 herein, information obtained during such an inspection shall be treated as confidential, making it available only to those persons who must have access to perform their duties on behalf of the grantor, including but not limited to financial personnel, solicitor's office, and members of the governing body, if it is proprietary in nature or within the definitions of closed records contained within the Pennsylvania Open Meetings Act, Sections 610.010, et seq., as amended from time to time.[1] To the extent any federal requirement for privacy applies
to the information to be submitted said law shall control.
[1]
Editor's Note: See now the Sunshine Act, 65 Pa.C.S.A. § 701
et seq., which replaced the former Pennsylvania Open Meeting Law.
Copies of all petitions, applications, communications and reports
submitted by a grantee or on behalf of or relating to grantee to the
FCC or any other federal or state regulatory commission or agency
having jurisdiction in respect to any matters affecting the system
authorized pursuant to this franchise shall also be submitted to the
grantor upon written request. Copies of responses from the regulatory
agencies to grantee shall likewise be furnished to the grantor within
30 days of receipt of the response.
A.
Upon written request, grantee shall provide to the grantor within
30 days of such request:
(1)
A current financial statement for the immediately preceding fiscal
year including an income statement, statement of operating expenses
in detail, a cash flow statement and a balance sheet prepared in accordance
with generally accepted accounting principles and certified by a financial
officer of grantee. Submission of the most recent U.S. Securities
and Exchange Commission Annual Report Form 10-K prepared by grantee
shall be deemed as a satisfactory compliance of this subsection.
(2)
A description of all tiers or levels of service being offered together
with a description of any changes made in any service during the reporting
year.
(3)
A current copy of the subscriber service information required in
this chapter.
(4)
A trouble call report or compilation summarizing the complaints received
during the reported year by category, number for each category and
a discussion of any unresolved complaints.
(5)
A certification of the gross revenues derived from the grantor area,
for the preceding year by the financial representative of the company
or alternatively, an independent certified public accountant.
(6)
A description of how pay-per-view, on-demand, and other programming
is made available to basic service only subscribers.
(7)
A description of services, including modifications, upgrades, or
increases in channel capacity.
B.
In any request for information pursuant to this section, the grantor
shall specifically identify the information to be provided by grantee
to the grantor.
Grantee shall prepare and furnish to the grantor, at the times
and in the form prescribed, such additional reports, which are deemed
by the parties as reasonably necessary for the administration and
enforcement of this chapter and a franchise.
Grantee shall maintain on file with the grantor at all times a current map or set of maps, either via paper or electronic format, drawn to scale showing the location of the system and all equipment installed or in place in rights-of-way and other public places. The maps shall be updated and made available in accordance with § 92-24, herein above.
The grantor and their agents and representatives shall have the authority, during normal business hours, to arrange for and conduct an inspection of the books and records of grantee related to the payment of the franchise fee. Grantee shall first be given 30 days' written notice of the audit request, the description of and purpose for the inspection and description, to the best of the grantor's ability. To the extent such books, records or documents contain confidential information as defined in § 92-50 of this chapter, such confidential information may not be disclosed, as described in § 92-50.
The field of cable service and technology is a relatively new
and rapidly changing one which may see many regulatory, technical,
financial, marketing and legal changes during the term of a franchise
agreement. Therefore, in order to provide for a maximum degree of
flexibility in a franchise, and to help achieve a continued advanced
and modern cable system, the following evaluation provisions will
apply:
A.
The grantor may require, at its sole discretion, upon 45 days' written
notice, evaluation sessions at any time during the term of a franchise;
provided, however, that there shall not be more than one evaluation
session during any three calendar years.
B.
Topics which may be discussed at any evaluation session include,
but are not limited to, grantee's ability to comply with the
legal, financial, and technical requirements of the franchise; and
meet the cable-related needs of the community, and any other cable-related
topics the grantor or a grantee deem relevant.
C.
During an evaluation session, a grantee shall fully cooperate with the grantor and shall provide without cost such information and documents as the grantor may request to perform the evaluation. To the extent such information or documents contain confidential information as defined in § 92-50 of this chapter such confidential information may not be disclosed.
D.
If at any time during its evaluation, the grantor determines that
a historical record of evidence exists of cable system performance
which fails to meet the requirements of this chapter, the grantor
may require a grantee to perform tests and analysis directed toward
such suspected inadequacies at a grantee's expense.
(1)
A grantee shall fully cooperate with the grantor in performing such
testing and any report prepared by a grantee shall include at least:
(2)
If, after receiving a grantee's report, the grantor determines
that reasonable evidence still exists of inadequate cable system performance,
the grantor may enlist an independent engineer to perform tests and
analysis directed toward such suspected failures to meet the requirements
of this franchise. A grantee shall be a witness to and cooperate and
permit said testing.
E.
As a result of a periodic review and evaluation session, the grantor
or a grantee may determine that a change in the terms of the franchise
should be required to meet the cable-related needs of the community,
as determined by the grantor's governing body, that the cable
system or franchise requirements should be updated, changed, revised,
or that additional cable service should be provided and that to provide
same would be technically and economically feasible. If the change
is consistent with the terms of this chapter or the franchise, the
needs of the grantor, and is technically and economically feasible
as determined following an evaluation of a grantee's financial
condition, length of term remaining on the franchise, economic waste,
if any, that would occur should the terms be changed, and rate of
return on the investment within the community, the parties will in
good faith review the terms of the proposed change and any amendment
to this chapter or a franchise. Based on this review, and upon adoption
of such a change or new requirement through a mutually agreed upon
and acceptable amendment, the change will become effective.
