The Township shall have the right to inspect, copy or transcribe at
any time during normal business hours at the 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 Township 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, 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 provided simultaneously to the Township.
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 Township. Such report shall also contain any
revisions to the system as-built maps filed with the Township.
C. Construction reports. Construction reports shall be sent
to the Township 30 days after the franchise is awarded and monthly thereafter
until construction is completed.
D. Proof of bonds and insurance. The grantee shall submit
to the Township 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 5 % or more.
(2) An annual financial report for the previous calendar
year specific to operations within Township, 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 Township 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
the 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 and 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 Township 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 Township in connection with this chapter or the franchise agreement.