The grantee shall file with the Town:
A. Facilities report. An annual report, on a form provided by the Town,
setting forth the physical miles of plant construction and plant in
operation during the fiscal year must be submitted to the Town. Such
report shall also contain any revisions to the system as-built maps
filed with the Town.
B. Construction reports. Construction reports shall be sent to the Town
30 days after construction commences and monthly thereafter until
the Town has determined that construction is completed.
C. Proof of performance tests. Proof of performance test results shall
be supplied to the Town when sections of the system are rebuilt or
upgraded and semi-annually as required by the FCC.
D. Tests required by Town. Tests required by the Town as specified in §
101-36 shall be submitted within 14 business days of notification.
E. Change in service. A report on any change in programming or service
offered on the grantee's channels shall be provided to the Town
30 days prior to implementation.
F. Letter of credit and proof of insurance. The grantee shall submit
to the Town the required letter of credit as well as copies of certificates
of insurance for all policies as evidence of payment that these requirements
have been satisfied.
G. Operational reports. The following system and operational reports
shall be submitted upon request to the Town:
(1) An annual summary of the previous year's activities, including,
but not limited to, subscriber totals for each category of service
offered, including average number of pay units, new services offered,
and the amount collected annually from other users of the system and
the character and extent of the service rendered thereto.
(2) An annual summary of service complaints received and handled in addition
to any reports required in the franchise.
(3) An annual projection of system expansion and service plans for the
future.
H. Financial and ownership reports. The grantee shall provide annual
financial and ownership reports to the Town which include:
(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 fully audited statement of gross annual revenues verifying all
revenues from the Town franchise as certified by a certified public
accountant. Additional information showing subscriber revenue from
each category of service, line item operating expenses, depreciation
expense, interest expense and taxes paid shall be provided by the
grantee upon request.
(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 the grantee
and of any parent corporation.
The grantee shall file the following reports on request by the
Town within 30 days unless otherwise specified:
A. Regulatory communication. All reports related to the franchise required
by the Federal Communications Commission (FCC), including, but not
limited to, annual proof of performance test and results, and equal
employment opportunity (EEO) reports, and all petitions, applications
and communications of all types submitted by the grantee to the FCC,
the Securities and Exchange Commission (SEC) or any other federal
or state regulatory commission or agency having jurisdiction over
any matter affecting operation of the grantee's system shall
be submitted simultaneously to the Town by delivery to the Town Administrator.
B. 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 Town and conspicuously posted on the grantee's
website. All such terms and conditions, including schedule of charges,
must have been filed with the Town prior to their becoming effective.
Such rules, regulations, terms and conditions shall not be in conflict
with the provisions of this chapter or applicable state and federal
laws, rules or regulations.
C. Operational reports. The following system and operational reports
shall be submitted annually to the Town:
(1) A report on the cable/video system's technical tests and measurements
as set forth in this chapter and in the franchise.
(2) A report on programs and services offered by the grantee, including
public, educational, government and leased access.
Upon request, the grantee shall prepare and furnish to the Town
at the times and in the form prescribed such additional reports with
respect to its operation, affairs, transactions of property as may
be reasonably necessary and appropriate to the performance of any
of the rights, functions or duties of the Town in connection with
this chapter or the franchise.