A.
Material misrepresentations. Any material misrepresentation made
by the grantee in any report required by this chapter shall subject
the grantee to the penalty provisions of this chapter and shall subject
the grantee to all remedies available to the Town by law.
B.
Books and records inspection. The grantee shall maintain an office
within the franchise territory and manage all of its operations in
accordance with a policy of totally open books and records. The Town
shall have the right to inspect at any time during normal business
hours all books, records, maps, plans, income tax returns, financial
statements, service complaint logs, performance test results and other
like materials of the grantee which relate to the operation of the
franchise. Access to the aforementioned records shall not be denied
by the grantee on the basis that the records contain proprietary information.
The Town shall hold all such information reasonably designated by
the grantee as confidential.
C.
Authorized inspectors. The grantee shall permit any duly authorized
representative of the Town to examine and copy or transcribe any and
all maps and other records kept or maintained by the grantee or under
its control concerning the operations, affairs, transactions or property
of the grantee. If any such maps or records are not kept in the Town,
or upon reasonable request made available in the Town, and if the
Town shall determine that an examination of such maps or records is
necessary or appropriate to the performance of any of its duties,
all travel and maintenance expenses necessarily incurred in making
such examination shall be paid by the grantee.
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:
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.
A.
Mandatory records. The grantee shall at all times maintain:
(1)
A record of all complaints received and interruptions or degradation
of service experienced for the preceding period prior to a performance
review or every three years, whichever is shorter.
(2)
A full and complete set of plans, records, and as-built maps showing
the exact location of all cable/video system aerial and underground
fiber and cable routes, and underground equipment locations in Town
rights-of-way, exclusive of service drops. These documents shall be
furnished to the Town upon five days' notice.
B.
Other records. The Town may impose requests for additional information,
records and documents from time to time.
