(a) Policy of open books and records. A franchisee shall manage all of its cable system operations in accordance with a policy of open books and records.
(b) Inspection of books and records. Upon at least 30 days' prior written notice to the franchisee, or at ten business days' prior written notice to the franchisee if there are compelling circumstances, the County shall have the right to inspect the franchisee's books and records pertaining to the operation under the franchise at any time during normal business hours as reasonably necessary to ensure compliance with the terms of the franchise agreement, this article, and applicable law. The inspections shall be conducted in a manner that will not unreasonably disrupt the franchisee's normal operations. The notice shall specifically reference the records that the County desires to review, so that the franchisee may organize the necessary books and records for appropriate access by the County. The franchisee shall not be required to maintain any books and records for franchise compliance purposes longer than three years.
(c) Costs of examination. If any books or records that relate to the cable system are not kept in any local office or are not made available to the County at a location requested by the County, and if the County determines that inspection of the records is necessary to the performance of any of the County's responsibilities under this article, the franchisee shall pay all reasonable and necessary expenses incurred by the County in making the inspection.
(d) Confidentiality to be maintained. The County shall maintain the confidentiality of any trade secrets or other proprietary information in the possession of the franchisee, and the records shall be exempt from inspection under this section to the extent required by applicable law regarding subscriber privacy. If a franchisee clearly and appropriately identifies information as confidential or proprietary, then to the maximum extent permissible under applicable federal, State, and local laws related to public records, the County may not disclose that information to the public. If the County determines that information is not clearly or appropriately identified, the County shall notify the franchisee that the County intends to disclose the requested information unless ordered otherwise by a court. The County shall provide the notice to franchisee to allow sufficient time for the franchisee to seek a court order to protect such information from disclosure.
(Bill No. 54-06)