(a) Books and Records Available to the Grantor.
(1) The Provider shall maintain a facility within Franklin County, State of Ohio, and manage all of its operations in accordance with a policy of totally open books and records where reasonably related to the enforcement of the Permit and the exercise of the rights and responsibilities of both parties. The City shall have the right to inspect at any time during normal business hours, all books, records, maps, plans income tax returns, financial statements, Service complaint logs, performance test results and other like materials of the Provider which reasonably relate to the administration of the Permit and the exercise of the rights and responsibilities of both parties. Access to the aforementioned records shall not be denied by the Provider on the basis that said records contain "proprietary" information.
(2) Provider shall permit any duly authorized representative of the City to examine and copy or transcribe any and all maps and other records kept or maintained by Provider or under its control concerning the operations, affairs, transactions or property of Provider reasonably related to the enforcement of the Permit and the exercise of the rights and responsibilities of both parties. If any of such maps or records are not kept in the State of Ohio, or upon reasonable request, the Provider shall make such maps and records available in the State of Ohio.
(b) Reports Required. The Provider shall make available to the City at Provider’s office during normal business hours upon 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 Provider 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 Provider's Cable System or Competitive Video System.
(2) Facilities report. An annual report setting forth the physical miles of plant construction and plant in operation during the fiscal year shall be submitted to the City. Such report shall also contain any revisions to the Cable System or Competitive Video System "as built" maps filed with the City.
(3) Construction reports. Construction reports shall be sent to the City thirty days after the Permit is awarded and monthly thereafter until construction is completed as specified in Section 705.06.
(4) Provider rules. The Provider's schedule of charges, contract or application forms of 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 Provider's policy in connection with its subscribers shall be made available for City review at the Provider's office. Such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof or applicable Federal and State laws, rules or regulations.
(5) Financial and ownership reports. The following financial reports for the Permit area shall be made available, upon request by the City, at the Provider’s office during normal business hours:
A. An ownership report, indicating all persons, who at any time during the preceding year did control or benefit from an interest in the Permit of five percent (5%) or more.
B. An annual list of officers and members of the Board of Provider and of any parent corporation.
(6) Operational reports. The following system and operational reports shall be made available, upon request by the City, at the Provider's office during normal business hours:
A. A report on the Cable System or Competitive Video System's technical tests and measurements as set forth herein and in the Permit.
B. A report on programs and Services offered by Provider.
C. An annual summary of the previous year's activities including, but not limited to, subscriber totals for each category of Service offered including number of pay units sold, new Services offered, and the amount collected annually from other users of the Cable System or Competitive Video System and the character and extent of the Service rendered thereto.
D. An annual summary of written complaints received and handled during the past calendar year in addition to any reports required in the Permit.
(7) Additional reports. The Provider shall make available to the City, upon written request to Provider at its office during normal business hours, such additional information with respect to its operation, affairs, transactions or property, as may be reasonably necessary and appropriate to the enforcement of this chapter or the Permit.
(c) Records Required.
(1) Mandatory Records. The Provider shall maintain in accordance with Provider's Records Retention Policy:
A. A full and complete set of plans, records and "as built" maps showing the exact location of its Cable System or Competitive Video System equipment installed or in use in the City, exclusive of subscriber Service drops; and
B. A copy of all relevant Federal Equal Opportunity records and filing of all personnel transactions and utilization of contractors subcontractors, vendors and suppliers by race and sex.
(2) Other records. The City may impose reasonable requests for additional information, records and documents from time to time related to the enforcement of the Permit.
(Ord. 2007-13. Passed 6-18-07.)