A. 
The Town shall have the right to inspect records and to require a franchisee to provide copies of records at the franchisee's expense at any time during normal business hours at the Town Hall for all books, receipts, maps, plans, contracts, service complaint logs, performance test results, records of requests for service, computer records, disks or other storage media and other like material which the Town deems appropriate in order to monitor compliance with the terms of this chapter, its franchise agreement or applicable law. This includes not only the books and records of a franchisee but any books and records the Town reasonably deems relevant held by an affiliate, a cable operator of the cable system or any contractor, subcontractor or any person holding any form of management contract for the cable system. A franchisee is responsible for collecting the information and producing it at the location specified above, and, by accepting its franchise, it affirms that it can and will do so. A franchisee will be given reasonable advance written notice of any inspection request, which shall serve as notice that any or all of the above materials may be inspected.
B. 
A franchisee shall maintain financial records that allow analysis and review of its operations in each individual franchise area.
C. 
Access to a franchisee's records shall not be denied by such franchisee on the basis that said records contain proprietary information. Refusal to provide information required herein to the Town shall be grounds for revocation. All confidential information received by the Town shall remain confidential insofar as permitted by law.
D. 
A franchisee shall maintain a file of records open to public inspection in accordance with applicable FCC rules and regulations.
E. 
Each report filed by a franchisee pursuant to this chapter shall be certified by a corporate officer as accurate or complete.
A. 
If and to the extent requested by the Town, a franchisee shall file with the Town in a form acceptable to the Town all reports and materials submitted to the FCC, the Security and Exchange Commission or any other federal or state regulatory commission or agency, including, but not limited to, any proof of performance tests and results, equal employment opportunity reports and all petitions, applications and communications of all types regarding the cable system, or a group of cable systems of which the franchisee's cable system is a part, submitted by the franchisee, an affiliate or any other person on the behalf of the franchisee.
B. 
Materials filed with the Town pursuant to Subsection A of this section shall be filed as follows: materials submitted by the franchisee, an affiliate or any other person on the behalf of a franchisee shall be filed with the Town at the time they are submitted to the receiving agency.
Unless this requirement is waived in whole or in part by the Town, by April 1 of each year for the previous calendar year, a franchisee shall submit a written report to the Town, in a form directed by the Town, which shall include:
A. 
A summary of the previous year's activities in development of the cable system, including but not limited to descriptions of services begun or dropped, the number of subscribers gained or lost for each category of service, the number of pay units sold, the amount collected annually from users of the system and the character and extent of the services rendered to such users, including leased access channel users.
B. 
A summary of complaints, identifying both the number and nature of the complaints received and an explanation of their dispositions, to the extent such records are kept by the franchisee. Where complaints involve recurrent system problems, the nature of each problem and the corrective measures taken shall be identified.
C. 
A report showing the number of service calls received by type during the prior quarter and the percentage of service calls compared to the subscriber base by type of complaint.
D. 
A certification of compliance with applicable customer service standards. If a franchisee is in noncompliance with any standard during any calendar quarter, it shall include in its annual filing a statement specifying areas of noncompliance, the reason for the noncompliance and a remedial plan.
E. 
A copy of the franchisee's rules and regulations applicable to subscribers of the cable system.
F. 
An annual statement showing the yearly gross revenues, prepared and audited by a certified public accountant acceptable to the Town.
G. 
An annual financial report for the previous calendar year, audited and certified by an independent certified public accountant, including year-end balance sheet; income statement showing subscriber revenue from each category of service and every source of nonsubscriber revenue, line item operating expenses, depreciation expense, interest expense and taxes paid; statement of sources and applications of funds; capital expenditures; and depreciation schedule.
H. 
An annual list of officers and members of the Board of Directors or similar controlling body of the franchisee and any affiliates.
I. 
An organizational chart showing all corporations or partnerships with more than a five-percent ownership interest in the franchisee and the nature of that ownership interest (limited partner, general partner, preferred shareholder, etc.) and showing the same information for each corporation or partnership that holds such an interest in the corporations or partnerships so identified and so on until the ultimate corporate and partnership interests are identified.
J. 
An annual report and § 10-K filing for each entity identified in Subsection I of this section that generates such documents.
K. 
A summary of the results of and/or, at the franchisee's option, copies of the system's technical tests and measurements performed during the past year.
L. 
A detailed copy of updated maps depicting the location of all cable plant, showing areas served and locations all trunk lines and feeder lines in the Town and including changes in all such items for the period covered by the report.
M. 
A full schedule of all subscriber and other user rates, fees and charges;
N. 
Such other information as the Town may direct.
Unless this requirement is waived in whole or in part by the Town, twice each year (by January 31 for the previous six months ending December 31 and by July 31 for the previous six months ending June 30) a franchisee shall submit written reports to the Town, in a form acceptable to the Town.
Unless this requirement is waived in whole or in part by the Town, no later than 10 days after the end of each month, a franchisee shall submit a written report to the Town regarding the preceding month, in a form acceptable to the Town, which shall include:
A. 
The active system plant in miles, specifying aerial and underground mileage.
B. 
The new system segments built, in miles, if any, specifying aerial and underground mileage.
C. 
The number of subscribers and the penetration rate for each type of service and equipment offered.
D. 
The number of disconnects.
E. 
The number of outages, identifying separately each outage; whether planned or unplanned; the time it occurred, its duration, when the franchisee responded and when the outage was corrected; the estimated area; and a description of the subscribers affected; in addition, for each unplanned outage, its cause, the number of subscribers affected and the total hours of outages as a percentage of total hours of cable system operation.
F. 
The number of cases in which installation was not provided within the time established in this chapter.
G. 
The average telephone answering and hold times and the number of instances in which those telephone answering and hold times exceeded the time limits established in this chapter.
H. 
The percentage of customer calls that received a busy signal.
I. 
The average and minimum number of customer service representatives on the franchisee's staff for telephone answering purposes.
J. 
The number of times in which interruptions of service under § 224-39 of this chapter was not in compliance with the times established in this chapter.
K. 
The number of times scheduling and completing customer service did not occur in accordance with § 224-38C.
Unless this requirement is waived in whole or in part by the Town, the franchisee shall deliver the following special reports to the Town:
A. 
A franchisee shall submit quarterly construction reports to the Town after the franchise is awarded for any construction undertaken during the term of the franchise until such construction is complete, including any rebuild that may be specified in the franchise. The franchisee must submit to the Town as part of the quarterly construction report, or make available for inspection with notice of their availability as part of the quarterly construction report, updated as-built system design maps depicting construction completed in the previous quarter. The maps shall be developed on the basis of post-construction inspection by the franchisee and construction personnel to assess compliance with the system design. Any departures from design must be indicated on the as-built maps, to assist the Town in assessing operator compliance with its obligations.
B. 
A franchisee must submit a copy of any notice of deficiency, forfeiture or other document issued by any state or federal agency instituting any investigation or civil or criminal proceeding regarding the cable system, the franchisee or any affiliate of the franchisee to the extent the same may affect or bear on operations in the Town. This material shall be submitted in accordance with the deadlines specified in § 224-57B herein.
C. 
The franchisee must submit a copy of any request for protection under bankruptcy laws, or any judgment related to a declaration of bankruptcy by the franchisee or by any partnership or corporation that owns or controls the franchisee directly or indirectly. This material shall be submitted in accordance with the deadlines specified in § 224-57B herein.
A franchisee shall provide such other information or reports as the Town may request for the purpose of enforcing any provision of the franchise agreement or this chapter.
The franchisee shall at all times maintain:
A. 
Records of all complaints received. The term "complaints" as used herein and throughout an agreement refers to complaints about any aspect of the cable system or the franchisee's operations, including, without limitation, complaints about employee courtesy. Complaints recorded may not be limited to complaints requiring an employee service call.
B. 
A full and complete set of plans, records and as-built maps showing the exact location of all system equipment installed or in use in the Town, exclusive of subscriber service drops.
C. 
A comprehensive record of all personnel transactions and utilization of contractors, subcontractors, vendors and suppliers by race and sex.
D. 
Records of outages, indicating date, duration, area and the subscribers affected, type of outage and cause.
E. 
Records of service calls for repair and maintenance indicating the date and time service was required, the date of acknowledgment and date and time service was scheduled (if it was scheduled) and the date and time service was provided and (if different) the date and time the problem was solved.
F. 
Records of installation/reconnection and requests for service extension, indicating date of request, date of acknowledgment and the date and time service was extended.
G. 
A public file showing its plan and time table for construction of the cable system.
A. 
The Town may, at its discretion, hold performance evaluation sessions. All such evaluation sessions shall be open to the public. The franchisee may be required by the Town to notify subscribers of all such evaluation sessions by announcement on a designated local access channel on the system between the hours of 9:00 a.m. and 9:00 p.m. for five consecutive days preceding each session.
B. 
Topics that may be discussed at any evaluation session may include, but are not limited to, system performance and construction, franchisee compliance with this chapter and its franchise agreement, customer service and complaint response, subscriber privacy, services provided, programming offered, service rate structures, franchise fees, penalties, free or discounted services, applications of new technologies, judicial and FCC filings and line extensions.
C. 
During the evaluation process, the franchisee shall fully cooperate with the Town and shall provide such information and documents as the Town may need to reasonably perform its review, including information and documents that may be considered proprietary or confidential.
If any books, records, maps or plans or other requested documents are too voluminous, or for security reasons cannot be copied and moved, then the franchisee may request that the inspection take place at some other location, provided that the franchisee must make necessary arrangements for copying documents selected by the Town after review; and the franchisee must pay all travel and additional copying expenses incurred by the Town in inspecting those documents or having those documents inspected by its designee.
The franchisee shall take all steps that may be required to ensure that it is able to provide the Town all information which must be provided or may be requested under this chapter or its franchise agreement, including by providing appropriate subscriber privacy notices. Nothing in this section shall be read to require the franchisee to violate 47 U.S.C. § 551. Each franchisee shall be responsible for redacting any data that federal law prevents it from providing to the Town. The Town retains the right to question any such redaction and to challenge it in any forum having jurisdiction over such a challenge. Records shall be kept for at least five years.
The Town may, at its discretion, waive, in writing, the requirement of any particular report specified in this article.