(A) Open records.
(1) Grantee shall manage all of its operations in accordance with a policy of keeping its documents and records open and accessible to the city. The city, including the city's auditor or his or her authorized representative, shall have access to and the right to inspect any books and records of grantee, its parent corporations and affiliates which are reasonably related to the administration or enforcement of the terms of this franchise. Grantee shall not deny the city access to any of grantee's records on the basis that grantee's records are under the control of any parent corporation, affiliate or a third party.
(2) The city may, in writing, request copies of any such records or books, and grantee shall provide such copies within 30 days of the transmittal of such request. One copy of all reports and records required under this or any other subsection shall be furnished to the city, at the sole expense of grantee. If the requested books and records are too voluminous or for security reasons cannot be copied or removed, then grantee may request, in writing, within ten days that the city inspect them at grantee's local offices. If any books or records of grantee are not kept in a local office and not made available in copies to the city upon written request as set forth above, and if the city determines that an examination of such records is necessary or appropriate for the performance of any of the city's duties, administration or enforcement of this franchise, then all reasonable travel and related expenses incurred in making such examination shall be paid by grantee.
(B) Confidentiality.
(1) The city agrees to treat as confidential any books or records that constitute proprietary or confidential information under federal or state law, to the extent grantee makes the city aware of such confidentiality. Grantee shall be responsible for clearly and conspicuously stamping the word "Confidential" on each page that contains confidential or proprietary information, and shall provide a brief written explanation as to why such information is confidential under state or federal law.
(2) If the city believes it must release any such confidential books and records in the course of enforcing this franchise or complying with a court order or other legal requirement or for any other reason, it shall advise grantee in advance so that grantee may take appropriate steps to protect its interests. If the city receives a demand from any person for disclosure of any information designated by grantee as confidential, the city shall, so far as consistent with applicable law, advise grantee and provide grantee with a copy of any written request by the party demanding access to such information within a reasonable time. Until otherwise ordered by a court or agency of competent jurisdiction, the city agrees that to the extent permitted by state and federal law, it shall deny access to any of grantee's books and records marked confidential, as set forth above, to any person. Grantee shall reimburse the city for all reasonable costs and attorney's fees incurred in any legal proceedings pursued under this section.
(C) Records required.
(1) Grantee shall at all times maintain and shall make available to the city upon 30 days' written request and subject to applicable law:
(a) A complete set of maps showing the general location of all cable system facilities in the right-of-way but excluding detail on proprietary electronics contained therein and subscriber drops. As-built maps including proprietary electronics shall be available at grantee's offices for inspection by the city's authorized representative(s) or agent(s) and made available to such during the course of technical inspections as reasonably conducted by the city. These maps shall be certified as accurate by an appropriate representative of grantee;
(b) A copy of all FCC filings on behalf of grantee, its parent corporations or affiliates which relate to the operation of the cable system in the city;
(c) A list of cable services, rates and channel lineups.
(2) Subject to § 13-5-3-7(B), all information furnished to the city is public information and shall be treated as such, except for information involving the privacy rights of individual subscribers.
(D) Annual reports. Within 60 days of the city's written request, grantee shall submit to the city a written report in a form acceptable to the city which shall include but not necessarily be limited to the following information for the city:
(1) A gross revenue statement, as required by § 13-5-3-3(E) of this franchise;
(2) A summary of the previous year's activities in the development of the cable system, including, but not limited to, cable services begun or discontinued during the reporting year and the number of subscribers for each class of cable service (i.e. Basic, Digital Starter and Premium);
(3) The number of homes passed, beginning and ending plant miles, any services added or dropped, and any significant technological changes occurring in the cable system;
(4) A statement of planned construction, if any, for the next year; and
(5) A copy of the most recent annual report grantee filed with the SEC or other governing body.
(E) Copies of federal and state reports. Within 30 days of a written request, grantee shall submit to the city copies of all pleadings, applications, notifications, communications and documents of any kind, submitted by grantee or its parent corporation(s), to any federal, state or local courts, regulatory agencies and other government bodies if such documents directly relate to the operations of grantee's cable system within the city. Grantee shall not claim confidential, privileged or proprietary rights to such documents unless such documents have been determined by a court of competent jurisdiction, or a federal or state agency, to be confidential.
(F) Complaint file and reports.
(1) Grantee shall keep an accurate and comprehensive file of any complaints regarding the cable system in a manner consistent with the privacy rights of subscribers and grantee's actions in response to those complaints.
(2) Within 30 days of a written request, grantee shall provide the city a quarterly executive summary in the form attached to the customer service standards, which shall include the following information from the preceding quarter:
(a) A summary of service calls, identifying the number and nature of the requests and their disposition;
(b) A log of all service interruptions;
(c) A summary of customer complaints referred by the city to grantee; and
(d) Such other information as reasonably requested by the city.
(3) The parties agree the city's request for the reports described in this § 13-5-3-7 shall remain effective and need only be made once. Such a request shall require the grantee to continue to provide the reports until further written notice from the city to the contrary.
(G) Failure to report. The failure or neglect of grantee to file any of the reports or filings required under this franchise or such other reports as the city may reasonably request (not including clerical errors or errors made in good faith), may, at the city's option, be deemed a breach of this franchise.
(H) False statements. Any false or misleading statement or representation in any report required by this franchise (not including clerical errors or errors made in good faith) may be deemed a material breach of this franchise and may subject grantee to all remedies, legal or equitable, which are available to the city under this franchise or otherwise.