The Borough shall have the right to inspect, copy or transcribe
at any time during normal business hours at grantee's office within
the Township of Lower Merion all records of the grantee which are
required to carry out its regulatory responsibilities hereunder.
Except where a different time is specified by this chapter,
the grantee shall file with the Borough upon request:
A. Regulatory communications. All reports required by the Federal Communications
Commission (FCC), including, but not limited to, annual proof of performance
tests and results, and equal employment opportunity (EEO) reports,
and all petitions, applications 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 submitted simultaneously to the Borough by delivery to the
Borough Secretary who shall advise interested Borough departments
of such filing.
B. Facilities report. A report setting forth the physical miles of plant
construction and plant in operation during the fiscal year. 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 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) A financial report, certified by the grantee's chief financial officer,
from the previous calendar year, including year-end balance sheet;
income statement for the twelve-month period ending December 31 showing
subscriber revenue non-subscriber 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 statement of all capital expenditures including the cost of construction
and of equipment for the previous year.
(4) A list of officers and members of the board of grantee 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.
(2) A
summary of programs and services offered by grantee, including public,
educational, government, and leased access.
(3) A
monthly 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.
(4) A
semi-annual summary of service calls received and handled in addition
to any reports required in the franchise.
(5) An
annual projection of system and service plans.
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.
H. Confidentiality.
Any books and records which the Borough has the right to inspect which
contain proprietary and/or confidential material of the grantee shall
be clearly marked "CONFIDENTIAL" by the grantee; the Borough shall
maintain the confidentiality of material so marked. However, subject
to applicable law, the Borough shall not be required to maintain the
confidentiality of any items required to be delivered to the Borough
under this chapter for the Borough's retention. Access to the aforementioned
materials shall not be denied by the grantee on the basis that said
materials contain proprietary information.