(A) The grantee shall maintain an office within the city. The city shall have the right, upon reasonable notice, to inspect and copy or transcribe at any time during normal business hours, all books, records, maps, plans, financial records, service complaint logs, performance test results and other like materials of the grantee kept or maintained by grantee or under its control concerning the operations, finances, affairs, transactions or property of grantee when necessary to ascertain the grantee's compliance with this chapter or the franchise agreement. Access to the aforementioned records shall not be denied by the grantee on the basis that said records contain proprietary information. Access to proprietary information shall be allowed at a site of the grantee's choosing and shall be held in confidence by the city.
(B) If any of such maps or records are not kept in the city, or upon reasonable notice made available in the city, and if the city shall determine that an examination of such records is necessary or appropriate, all reasonable expenses necessarily incurred in making such examination shall be paid by grantee.
(C) Reports required. The grantee shall file with the city, upon reasonable request:
(1) Regulatory communications. All reports required by the Federal Communications Commission (FCC) including, but not limited toannual proof of performance tests and results, Equal Employment Opportunity (EEO) reports, and all petitions, applications and communications of all types submitted by grantee 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 grantee's system.
(2) Facilities report. An annual report setting forth the physical miles of plant construction and plant in operation at the end of the fiscal year will be made available at the local office of the grantee for review by the city.
(3) Rebuild/upgrade/construction reports. Such reports shall be sent to the city 30 days after the initial franchise agreement is awarded and monthly thereafter until construction is completed as specified in this chapter or the franchise agreement.
(4) Proof of performance tests. Proof of performance test results performed as required by the FCC shall be supplied to the city.
(5) Tests required by city. Tests required by city as specified in this chapter shall be submitted within 30 days of notification.
(6) Grantee rules. The grantee's schedule of charges, 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 in accordance with applicable state and federal laws, rules or regulations.
(7) Proof of bonds and insurance. Grantee shall submit to the city the required performance bond, or a certified copy thereof, and insurance certificates as required under the terms and conditions described in this chapter.
(8) Financial and ownership reports. The following financial reports for the franchise area shall be submitted to the city, upon reasonable notice and as required by the city:
(a) A statement verifying the amount of gross annual revenues derived from the franchise, certified by the vice-president for finance or a duly authorized officer or manager of the grantee.
(b) An annual list of officers and members of the council of directors of grantee and of grantee's parent corporation, if applicable.
(9) Additional reports. The grantee shall prepare and furnish to the city at the times 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 ascertain grantee's compliance with this chapter or the franchise agreement.
(Ord. 29-04, passed 9-9-04)