The township shall have the right to inspect and copy upon two
weeks' written notice at any time during normal business hours
at the broadband system office or at such location as the township
and the franchisee may agree, all books, receipts, maps, plans, financial
statements, contracts, service complaint logs, performance test results,
records of requests for service and other like material of the franchisee
which the township deems appropriate in order to monitor compliance
with the terms of this chapter, a franchise agreement, a rate regulation
filing or applicable law.
The franchisee shall upon the request of the township make the
following reports available to the township for inspection and copying
at the franchisee's office:
A.
All reports required by the Federal Communications Commission (FCC)
including, but not limited to, any proof of performance tests and
results, equal employment opportunity (EEO) reports, and all petitions,
applications and communications of all types submitted by the franchisee
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 the franchisee's system.
B.
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
broadband system "as built" maps filed with the township. The annual
report shall be available in February.
C.
Construction reports shall be available to the township bimonthly
after the franchise is awarded for any construction undertaken during
the term of the franchise until construction is complete, including
any rebuild that may be specified in the franchise.
D.
Proof of performance test results shall be available to the township
when sections of the broadband system are rebuilt and as required
in this chapter.
E.
Technical tests required by the township as specified in this chapter
and the franchise agreement shall be available to the township promptly
upon completion of such tests.
F.
Ownership reports for the franchise area shall be available annually
to the township 90 days after the end of the franchisee's fiscal
year to reflect any changes from the preceding year in the following:
G.
The following broadband system and operational reports shall be available
annually to the township:
(1)
A report on the broadband system's technical tests and measurements.
(2)
A report on programs and services offered by the franchisee, including
public, educational, governmental and leased access channels.
(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 broadband
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 broadband system and service plans for the
future.
H.
The franchisee shall prepare and make available to the township,
at the time 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 township in connection with
this chapter or the franchise.
A.
The franchisee shall at all times maintain:
(1)
A record of all complaints received and interruptions or degradation
of service experienced for the preceding twelve-month period prior
to a performance review.
(2)
A full and complete set of plans, records and "as built" maps showing
the approximate location of all broadband system equipment installed
or in use in the township, exclusive of subscriber service drops.
B.
Upon the request of the township for specific locations in the township,
the franchisee shall mark the exact locations of the broadband system
equipment installed or in use at the specified locations, in accordance
with the Underground Utility Line Protection Law, the Act of December
10, 1974, P.L. 852, No. 287, 73 P.S. § 176 et seq., as amended
by Act 38 of 1991, and as may be amended from time to time.
C.
The township may impose reasonable requests for additional information,
records and documents from time to time.
A.
The township may, at its discretion, hold scheduled performance evaluation
sessions annually.
B.
Special evaluation sessions may be held at any time during the term
of the franchise at the request of the township.
C.
All evaluation sessions shall be open to the public and announced
in a newspaper of general circulation. The franchisee shall notify
subscribers of all such evaluation sessions by announcement on a local
origination channel on the system between the hours of 11:00 a.m.
and 9:00 p.m. for five consecutive days preceding each session.
D.
Topics that may be discussed at any scheduled or special evaluation
session may include, but not be limited to system performance and
construction, franchisee compliance with this chapter and the franchise,
customer service and complaint response, subscriber privacy, services
provided, programming offered, service rate structures, if applicable,
franchise fees, penalties, free or discounted services, applications
of new technologies, judicial and FCC filings, and line extensions.
E.
During the review and evaluation by the township, the franchisee
shall fully cooperate with the township and shall provide such information
and documents as the township may need to reasonably perform its review.
A.
If this Article VIII or any request for information by the township under this chapter requires the production of proprietary information, the franchisee must produce the information. However, at the time the allegedly proprietary information is submitted, the franchisee may request that specific, identified portions of its response be treated as confidential and withheld from public disclosure. The request must state the reason why the information should be treated as proprietary and the facts that support those reasons. The request for confidentiality will be granted if the township determines that the preponderance of the evidence shows that nondisclosure is consistent with the provisions of the Freedom of Information Act, 5 U.S.C. § 552, or the Pennsylvania Right to Know Law, 65 P.S. § 66.1 et seq. If the township decides that information can be withheld, it will issue a written decision explaining the basis for withholding the information, and place that decision in a public file for inspection. If the franchisee requests confidentiality and the request is denied, the franchisee may seek review within five working days of the denial in any appropriate forum.
B.
Any interested party may file a request to inspect material withheld
as proprietary with the township. The township shall weigh the policy
considerations favoring nondisclosure against the reason cited for
permitting inspection in light of the facts of the particular case.
It will then promptly notify the requesting entity and the franchisee
that submitted the information as to the disposition of the request.
It may grant, deny or condition a request. The requesting party or
the franchisee may seek review of the decision by filing an appeal
in any appropriate forum. Disclosure will be stayed pending resolution
of any appeal.