(A) Compliance. This chapter incorporates technical standards and establishes customer service practices with which a grantee must comply. In addition, a grantee shall comply with any additional or stricter requirements established by FCC regulations, or other federal regulation that may be adopted or amended from time to time.
(B) Recordkeeping. A grantee shall maintain such equipment and keep such records as are required to enable the grantor to determine whether the grantee is in compliance with all standards required by these regulations and other applicable laws.
(C) Books and records available to the grantor.
(1) The grantee shall maintain an office within the county.
(2) The county shall have the right 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 the grantee or under its control concerning the operations, finances, affairs, transactions, or property of the 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, available in the county, and if the county 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 the grantee.
(D) Reports required. The grantee shall file with the county, upon reasonable request:
(1) Regulatory communications. All reports required by the Federal Communications Commission (FCC), including but not limited to annual proof of performance tests and results, Equal Employment Opportunity (EEO) reports, and all petitions, applications, and communications of all types submitted by the 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 the 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 county;
(3) Rebuild/upgrade/construction reports. Such reports shall be sent to the county 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 county;
(5) Tests required by county. Tests required by the county 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. The grantee shall submit to the county 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 county, upon reasonable notice and as required by the county:
(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; and
(b) An annual list of officers and members of the board of directors of the grantee and of the grantee’s parent corporation, if applicable.
(9) Additional reports. The grantee shall prepare and furnish to the county 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 the grantee’s compliance with this chapter or the franchise agreement.
(1996 Code, § 110.050 (Ord. passed 11-20-2000)