[R.O. 2011 § 670.590; R.O. 2009 § 111.090; Ord. No. 01-125, 6-20-2001]
Each grantee shall cooperate with the grantor with respect to grantor's administration of this Chapter and its applicable franchise agreement. Grantor shall have the right to inspect, at any time during normal business hours, all books, records, maps, plans, income tax returns, financial statements, service complaint logs, performance test results and other existing like materials of a grantee that relate to the operation of a grantee's system and that are reasonably necessary to grantor's enforcement or administration of this Chapter and/or a franchise agreement. The grantee shall not be required to maintain any books or records for franchise compliance purposes longer than three (3) years, except that financial records necessary to demonstrate compliance with the required franchise fee payments shall be kept for six (6) years. Upon request, the grantor will treat designated information disclosed by a grantee as confidential to the extent permissible under State and Federal law.
[R.O. 2011 § 670.600; R.O. 2009 § 111.091; Ord. No. 01-125, 6-20-2001]
Copies of all petitions, applications, communications and reports submitted by each grantee to the FCC, Securities and Exchange Commission or any other Federal or State regulatory commission or agency having jurisdiction in respect to any matters affecting system operations shall be made available contemporaneously to grantor upon request. Copies of responses from the above regulatory agencies to each grantee likewise shall be made available promptly to grantor upon request. If the City is specifically named in any such pleading or response, the City shall automatically be furnished a copy.
[R.O. 2011 § 670.610; R.O. 2009 § 111.092; Ord. No. 01-125, 6-20-2001]
A. 
Upon request, each grantee shall make available to grantor, at the end of each of the applicable grantee's fiscal years during the term of a franchise agreement, the following:
1. 
A revenue statement certified by a representative of the grantee showing, in accordance with a franchise agreement, the gross revenues of the grantee for the preceding fiscal year;
2. 
A current list of names and addresses of each officer and director and other management personnel of the grantee;
3. 
A copy of all documents that relate to the grantee's system that were filed with any Federal, State or local agencies during the preceding fiscal year and that were not previously filed with grantor;
4. 
A statement of the grantee's current billing practices and charges;
5. 
A copy of the grantee's current subscriber service contract; and
6. 
A copy of annual reports to stockholders, if any, for operating company and parent company.
All of the above information shall not be required annually unless there is a change after the first filing.
B. 
Grantor and its agents and representatives shall have authority to arrange for and conduct an audit of the books and records of any grantee that are reasonably necessary for the enforcement of this Chapter or a franchise agreement. A grantee shall first be given thirty (30) days' notice of the audit, the description of and purpose for the audit and a description, to the best of grantor's ability, of the books, records and documents that grantor wants to review.
[R.O. 2011 § 670.620; R.O. 2009 § 111.093; Ord. No. 01-125, 6-20-2001]
A. 
Each grantee shall compile and maintain an index of reports, that shall list all reports, documents and filings, that it has prepared with respect to the system over the course of the past two (2) years as a result of the requirements of the FCC or this Chapter, including technical system testing and proof of performance reports and customer service compliance measurements, and shall provide a copy of such index of reports to the grantor every six (6) months and upon request.
B. 
Each grantee shall make a copy of any reports or documents listed in the index of reports available to the grantor upon request.
[R.O. 2011 § 670.630; R.O. 2009 § 111.094; Ord. No. 01-125, 6-20-2001]
Upon request of the City, each grantee shall prepare additional one-time reports which are reasonably necessary to the City's proper enforcement of an agreement adopted pursuant to this Chapter. The City shall require such reports only through passage of a formal resolution of the City Council. In addition, upon request, every grantee shall cooperate and assist the grantor in interpreting and understanding any report required under this Chapter.
[R.O. 2011 § 670.640; R.O. 2009 § 111.095; Ord. No. 01-125, 6-20-2001]
A. 
Every grantee shall at all times employ the standard of care attendant to the risks involved and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage, injury or nuisance to the public or to employees of the grantee.
B. 
Each grantee shall install and maintain its wires, cables, fixtures and other equipment in accordance with the requirements of all applicable codes and in such manner that they will not interfere with any installations of the City or any public utility.
C. 
All lines, equipment and connections in, over, under and upon the right-of-way and private property within the City, wherever situated or located, shall at all times be kept and maintained in a safe and suitable condition and in good order and repair.
D. 
Upon completion of any construction, upgrade or rebuild the grantee shall provide the grantor a copy of all strand-and-trench maps. If all or a portion of such mapping is in digital form, grantee shall include a copy of the digital information along with traditional hardcopy maps.
[R.O. 2011 § 670.650; R.O. 2009 § 111.096; Ord. No. 01-125, 6-20-2001]
A. 
Each grantee shall have authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable the grantee to exercise its rights and perform its obligations under this Chapter and any franchise agreement and to ensure uninterrupted service to all of its subscribers; provided such rules, regulations, terms and conditions shall not be in conflict with the provisions of this Chapter, a franchise agreement, Federal, State and/or local law or any applicable rules and regulations.
B. 
Every grantee shall submit to grantor any subscriber contract that it utilizes. If no written contract exists, a grantee shall file with the City a document completely and concisely stating the terms of the residential subscriber contract offered, specifically including the length of the subscriber contract. The length and terms of any subscriber contract shall be available for public inspection during normal business hours.