(a) Audit and Inspection. The Village, its agents and its representatives shall have the authority, during normal business hours, to arrange for and conduct an inspection of the books, records, documents, maps, plans, performance test results, record of requests for service, and other like materials of the Operator where such information is necessary to ascertain the Operator’s compliance with this Franchise. The Operator will be given five (5) business days advance written notice of the inspection request and a description, to the best of the Village’s ability, of the books, records, documents, maps, plans, performance test results, record of requests for service, and other like materials it wants to inspect and the reasons therefor.
(b) Communications with Regulatory Agencies. Copies of all petitions, applications, communications and reports submitted by the Operator, or on behalf of or relating to the Operator, to the FCC, the Securities and Exchange Commission or any other federal or state regulatory commission or agency having jurisdiction over matters affecting the Cable System shall also be made available to the Village upon request. Copies of responses from the regulatory agencies to the Operator shall likewise be made available to the Village within fifteen (15) days of receipt of the response.
(c) Annual Report. No later than ninety (90) days after the end of each fiscal year during the term of the Operator’s Franchise including the year in which the Franchise becomes effective, the Operator shall file with the Village a copy of an annual performance review which shall provide the following information regarding the Cable System and Cable Service in the Village:
(1) A certification of the Operator’s Gross Revenues for the preceding year certified by an officer of the Operator. The officer’s certification shall include a statement that the officer has reviewed all records necessary to determine that the statement of Gross Revenues is accurate, including the definition of Gross Revenues contained in this Chapter and/or the Operator’s Franchise Agreement;
(2) A description of all tiers or levels of service being offered in the Village together with a description of any changes made in any service during the reporting year;
(3) A compilation setting forth the results of all Subscriber surveys (but not including any proprietary marketing survey);
(4) A compilation summarizing the Complaints received during the reported year, by category, number for each category and a discussion of any unresolved Complaints; and
(5) A copy of the Operator’s, and its ultimate parent’s, annual report, if any.
(d) Additional Reports. The Operator shall prepare and furnish to the Village, at the times and in the form prescribed, such additional reports with respect to its operation, affairs, transactions or property, which are reasonably necessary to ascertain the Operator’s compliance with this Franchise.
(e) Maps. The Operator shall maintain and make available to the Village upon request at all times a current map or set of maps drawn to scale showing the Cable System and all equipment installed or in place in Streets and other public places.
(Ord. 2001-109. Passed 11-13-01.)