(A) (1) The village shall have the right to inspect all reasonably necessary records and the right to audit and to recompute any amounts determined to be payable under this code. The franchisee shall be responsible for providing the records to the village at an office located within the county. The records shall be maintained for at least five years. The village’s audit expenses shall be borne by the franchisee if the franchise fees paid during the audit period are less than 98% of the amount owed according to the audit.
(2) Any additional amounts due to the village as a result of the audit shall be paid within 30 days following written notice to the franchisee by the village of the underpayment, which notice shall include a copy of the audit report.
(3) If recomputation results in additional revenue to be paid to the village, the amount shall be subject to interest, as specified in § 116.148(B).
(4) All costs incurred by a franchisee hereunder are not franchise fees, and fall within one or more of the exceptions set forth in 47 USC § 542(g)(2) and shall not be passed on to the subscribers in any form.
(B) A franchisee shall maintain its fiscal and financial records and have all relevant fiscal and financial records maintained by others on its behalf in such a manner as to enable the village to determine the cost of assets of the franchisee which are used in providing services within the village an to determine gross revenues.
(C) A franchisee shall report on a quarterly basis to the Village Clerk the name and address of each and every person providing telecommunications and other communications services over the cable system for which charges are assessed to subscribers but not received by the franchisee, as well as all such services being provided by the franchisee in addition to cable service unless franchisee already has a separate written franchise or license from the village to provide such other services.
(`92 Code, § 8-1-97) (Ord. 96-19, passed 10-2-96)