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, nonsubscriber 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 semiannual 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.