§ 20.28  REPORTS AND RECORDS.
   (a)   Quarterly reports. Within 30 calendar after the end of each calendar quarter, grantee shall submit to the along with its payment a report showing the basis for computation of such fees prepared by an officer of grantee showing the basis for the computation of the paid during that period in a form and substance substantially equivalent to Table 2 below. This report shall separately indicate revenues received by grantee within the including, but not limited to such items as listed in the definition of “ ” at § 20.16 of this .
   (b)   Reports. Upon request of the and in no event later than 30 from the date of receipt of such request, grantee shall, free of charge, prepare and furnish to the , at the times and in the form prescribed, such additional reports with respect to its operation, affairs, transactions, or property, as determined in city's sole discretion as may be reasonably necessary to ensure compliance with the terms of this . Upon request of grantee, takes into consideration grantee's need for the continuing confidentiality as prescribed herein. Neither nor grantee shall unreasonably demand or withhold information requested pursuant with the terms of this .
   (c)   Communications with regulatory agencies.
      (1)   Upon written request, grantee shall submit to copies of any pleading, applications, notifications, communications and documents of any kind, submitted by grantee or its affiliates to any federal, state or local courts, regulatory agencies and other government bodies if such documents directly relate to the operations of grantee's within the . Grantee shall submit such documents to no later than 30 after receipt of city's request. Grantee shall not claim confidential, privileged or proprietary rights to such documents unless under federal, state, or local law such documents have been determined to be confidential by a court of competent jurisdiction, or a federal or state agency. With respect to all other reports, documents and notifications provided to any federal, state or local regulatory agency as a routine matter in the due course of operating grantee's within the , grantee shall make such documents available to upon city's written request.
      (2)   In addition, grantee and its affiliates shall within ten of any communication to or from any judicial or regulatory agency regarding any alleged or actual violation of this , regulation or other requirement relating to the system, use its best efforts to provide the a copy of the communication, whether specifically requested by the to do so or not.
   (d)   Open records. Grantee shall manage all of its operations in accordance with a policy of keeping its records open and accessible to the . The shall have the right to inspect all records of the grantee and affiliated entities at any time during at a grantee business operations site within Hennepin County, Minnesota, and upon reasonable notice to determine compliance by grantee with its obligations under this . Grantee shall not deny the access to grantee's records on the basis that grantee's records are under the control of an or a third party, rather than the grantee. In the case of affiliated entities not under common control with grantee, grantee shall not be subject to the remedies set forth in § 20.26 if such does not permit inspection of its records, and grantee has;
      (1)   Made available for inspection all of its records relevant to the determination of compliance; and
      (2)   Exercised all reasonable efforts to persuade such to make such records available for inspection.
   (e)   Information and reports. Grantee shall provide a current copy of the following information upon request of the :
      (1)    structure and operating information:
         (A)   Total mileage and overall homes passed;
         (B)   The number of in the , including the number of ;
         (C)   The lineup for the ;
         (D)   A schedule of all grantee's rates and charges in the ;
         (E)   A monthly sample customer bill within the ; and
         (F)   A copy of privacy policies and the service agreements, including terms and conditions.
   (f)   General reports. The shall have the right to request, in writing, information as is appropriate and reasonable to determine whether grantee is in compliance with this . Grantee shall provide the such information in a format as grantee customarily prepares such report or information. Grantee shall fully cooperate with the and shall provide such information and documents as necessary and reasonable for the to evaluate compliance. Grantee reserves the right to object to any request made under this section as unnecessary, unreasonable or inappropriate under the circumstances.
   (g)   Reports of regulatory violations. Upon written request, grantee shall provide copies to the of any communications to and from federal, state or local courts, regulatory agencies or other governmental bodies addressed to grantee regarding any alleged, apparent or acknowledged violation by grantee of any applicable federal or state law specifically related to the operation of grantee's or grantee's provision of within the . Grantee shall submit such communications to the no later than 30 after such request. Grantee shall not claim confidential, privileged or proprietary rights to such documents unless under applicable federal, state, or local law such documents have been determined to be confidential by a court of competent jurisdiction, or a federal or state agency or a request for confidential treatment is pending.
   (h)   Public records.
      (1)   Grantee acknowledges that information submitted by grantee to the may be open to public inspection under the Minnesota Public Records Law. Grantee is responsible for becoming familiar with and understanding the provisions of the Minnesota Public Records Law.
      (2)   Grantee may identify information submitted to the as confidential, if grantee reasonably believes such information is qualified for an exemption recognized under the Minnesota Public Records Law. Grantee shall prominently mark each page, or portion thereof, for which it is claiming confidentiality as “confidential” prior to submitting such information to the . When submitting such information to the , grantee shall submit documentation to the Commission that specifically identifies the applicable exemption under the Minnesota Public Records Law, and stating the reason(s) grantee believes the information is exempt from public inspection. After reviewing the grantee's request for confidentiality, and determining whether the identified exemptions are applicable, the shall take reasonable steps to protect the confidential nature of any such information, consistent with the Minnesota Public Records Law, including only disclosing such information to employees, representatives, and agents thereof that have a need to know or in order to enforce the provisions of this .
      (3)   Within five working of receiving a public records request to inspect any such request, the shall provide the grantee with written notice of the request, including a copy of the request. Grantee shall have five working within which to provide a written response to the , before the may disclose any of the requested confidential information. If the determines that it will be necessary to reveal the information, the shall promptly notify the grantee, and do so at least five working prior to the information being released. The shall retain final discretion to determine whether to release the requested information in response to any public records request, as recognized under the Minnesota Public Records Law.
(Ord. 2015-7, passed 1-26-2015)