[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.
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All of the above information shall
not be required annually unless there is a change after the first
filing.
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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.
