A.
Records. The Borough or its officially designated representatives
shall have the right to inspect all pertinent or relevant records,
books, plans, customer service logs, and financial statements maintained
by grantee which relate to the operation of the cable system, enforcement
of this chapter and the franchise, and directly to computation of
gross annual revenues, and construction and location of facilities
within the Borough, at grantee's place of business upon reasonable
notice and during normal business hours. Access to the aforementioned
records shall not be denied by the grantee on the basis that said
records contain "proprietary" information. The Borough and its officially
designated representatives agree to treat any information disclosed
and reports, maps and other documents submitted to or inspected by
the Borough or its designated representatives as confidential and
only to disclose it to employees, agents or representatives thereof
that have a need to know or in order to enforce the provisions hereof.
Grantee shall make available adequate financial records within the
Borough to permit the auditing of the grantee's gross revenues.
The Borough shall notify the grantee in a timely manner if a request
is made for information which the grantee has clearly marked as "confidential."
Such notification shall specify the period of time the grantee has
to submit to the Borough, any comments on the request, and may, at
its own expense, resist the request. The Borough, in any event, shall
not be liable for any disclosure required by law.
B.
Review. Grantee shall permit any duly authorized representative of
the Borough to examine and copy or transcribe any and all maps and
other records kept or maintained by grantee or under its control concerning
the operations, affairs, transactions or property of grantee. If any
of such maps or records are not kept in the Borough, or upon reasonable
request made available in the Borough, and if the Borough shall determine
that an examination of such maps or records is necessary or appropriate
to the performance of any of their duties, then all travel and maintenance
expenses necessarily incurred in making such examination shall be
paid by grantee.
The grantee shall file with the Borough:
A.
Regulatory communications. Upon request from the Borough, any reports
required by the Federal Communications Commission (FCC) including,
but not limited to any annual proof of performance tests and results,
equal employment opportunity (EEO) reports, required financial information,
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 commonwealth regulatory commission or agency,
having jurisdiction over any matter affecting operation of grantee's
system will be made available 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. After completion of initial construction
or any rebuild, maps designating the location of the cable plant shall
be filed with the Borough. Thereafter, any revisions to the system
shall be reflected in updated maps provided to the Borough in a timely
manner after such changes are made.
C.
Construction reports. During the progress of any initial, rebuild,
or other major construction undertaken during the term of the franchise,
reports shall be sent to the Borough on a bimonthly basis until construction
is complete, as specified in this franchise.
E.
Test required by Borough. Technical tests required by Borough as specified in § 151-40E of this chapter and the franchise shall be submitted within 30 days of notification.
F.
Change in service. Written notification of any change in programming
or service shall be provided to the Borough 30 days prior to implementation,
and when practicable, prior notice shall be given 45 days in advance.
G.
Grantee rules. The grantee's schedule of charges, contract or
application forms of regular subscriber service policy regarding the
processing of subscriber complaints, delinquent subscriber disconnect
and reconnect procedures and any other terms and conditions adopted
as the grantee's policy in connection with its subscribers shall
be filed with the Borough and conspicuously posted in the grantee's
local office. All such terms and conditions, including schedule of
charges, must have been filed with the Borough prior to their becoming
effective. Such rules, regulations, terms and conditions shall not
be in conflict with the provisions hereof or applicable commonwealth
and federal laws, rules or regulations.
H.
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 certified copies thereof, and written
notice of payment of required premium.
I.
Financial and ownership reports. The following financial reports
for the franchise area shall be submitted to the Borough as provided
for below:
(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 to be provided where any changes in
ownership have occurred from those previously reported.
(2)
A fully audited and certified financial report from the previous
calendar year, 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; and depreciation schedule to be provided every
three years, if requested. The fully audited and certified information
will be provided on a Borough basis for gross revenue. Required financial
information may be provided on a consolidated basis for expenses,
depreciation, and sources and applications of funds.
(3)
A current annual statement of all capital expenditures including
the cost of construction and of equipment to be provided every three
years, if requested. Such information may be provided on a consolidated
basis where franchisee specific information is not available.
(4)
An annual list of any changes to the officers and members of the
Board of the grantee and of any parent corporation.
(5)
An annual report of the grantee and any parent corporation.
J.
Operational reports. The following system and operational reports
shall be submitted to the Borough upon written request by the Borough
Manager or his designee:
(1)
A report on the system's technical tests and measurements as
set forth herein and in the franchise.
(2)
A report on programs and services offered by grantee, including public,
educational, government, and leased access.
(3)
An annual summary of the previous year's activities including,
but not limited to, subscriber totals for each category of service
offered, including number of pay units sold, new services offered,
and the amount collected annually from other users of the system and
the character and extent of the service rendered thereto.
(4)
An annual summary of complaints received and handled in addition
to any reports required in the franchise.
(5)
An annual projection of system and service plans for the future.
K.
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 rights, functions or duties of the Borough in connection
with this chapter or the franchise, upon written request of the Borough
Manager or his designee.
A.
Mandatory records. The grantee shall at all times maintain:
(1)
A record of all complaints received and interruptions or degradation
of service experience for the preceding period prior to a performance
review or a maximum of three years, whichever is less.
(2)
A full and complete set of plans, records and "as-built" maps showing
the location of all cable communication system equipment installed
or in use in the Borough, exclusive of subscriber service drops.
B.
Other records. The Borough may impose reasonable requests for additional
information, records and documents from time to time.
