(A) Books and records available to the grantor.
(1) Records. The Grantee shall maintain an office within the City or Union County as specified in the Franchise, 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 Franchise and the exercise of the rights and responsibilities of both parties. The City shall have the right, following reasonable notice, 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 Grantee which reasonably relate to the enforcement of the Franchise and the exercise of the rights and responsibilities of both parties. Access to the aforementioned records shall not be denied by the Grantee on the basis that said records contain “proprietary” information.
(2) Review. Upon reasonable notice, Grantee 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 Grantee or under its control concerning the operations, affairs, transactions or property of Grantee to such extent as may be necessary to ensure compliance with this Ordinance, the Franchise, or other pertinent provisions of Federal or State law or regulation. If any of such maps or records are not kept in the State of North Carolina, and upon reasonable request, the Grantee shall make such maps and records available in the State of North Carolina.
(B) Reports required. The Grantee shall file with the City 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, and Equal Employment Opportunity (EEO) reports, and all petitions, applications and communications of all types submitted by Grantee to the FCC, the Securities and Exchange Commission (SEC), or any other Federal or State regulatory commission or agency, having jurisdiction over any matter affecting operation of Grantee's system shall be submitted to the City by delivery to the City Clerk.
(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 “as built” maps or updates thereto. Franchisee shall use all reasonable efforts to provide as built maps in a format compatible with the City's Geographic Information System.
(3) Construction reports. Construction reports shall be sent to the City sixty (60) days after the Franchise is awarded and quarterly thereafter until construction is completed as specified in Section 115.07(F)(1) and (2) of this Ordinance.
(4) Tests. Upon request, proof of performance test results shall be supplied to the City. Test results required by Section 115.07(G)(5) shall be provided within fourteen (14) days of such tests.
(5) Grantee rules. The Grantee'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 Grantee's policy in connection with its subscribers shall be filed with the City. All such terms and conditions, including schedule of charges, must have been filed with the City prior to their becoming effective. Such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof or applicable state and federal laws, rules or regulations.
(6) Financial and ownership reports. The following financial reports for the Franchise area shall be submitted upon request from the City:
(a) A statement of gross revenues and an individualized breakdown of revenue by category (e.g. basic tier, pay-per-view, pay-per-channel) which shall be submitted quarterly in accordance with § 115.04(M)(5).
(b) A copy of the annual shareholders' report for Grantee or the Corporation, partnership or other entity having legal control of the Grantee, prepared in the ordinary course of business.
(7) Operational reports. The following system and operational reports shall be submitted upon request to the City:
(a) A report on programs and services offered by Grantee.
(b) 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 character and extent of the service rendered thereto.
(c) An annual summary of complaints received and handled in addition to any reports required in the Franchise.
(8) Report required. The Grantee shall prepare and furnish the following required reports:
(a) Test required by city. Tests required by City as specified in § 115.07(H)(5) of this Ordinance shall be submitted within fourteen (14) days of notification.
(b) Change in service. A report on any change in programming or service shall be provided to the City thirty (30) days prior to implementation.
(c) Proof of bonds and insurance. Grantee shall submit to the City the required performance bond, or a certified copy thereof, and written evidence of payment of required premium, and certificates of insurance required by this Ordinance, or certified copies thereof, and written proof of payment of required premium.
(d) Financial report. A financial statement certified by the Chief Financial Officer of the operating division of the Grantee for the Monroe System on an allocated basis. The financial statement shall include a balance sheet, income statement and a statement of sources and applications of funds. Notwithstanding the above, Grantee shall not be required to provide the reports set forth in this paragraph (4) unless Grantee has:
1. Requested a change in rates requiring the prior consent of the City and such financial information is directly necessary to enable the City to make an informed decision;
2. Requested a Franchise amendment in which the financial condition of Grantee or the financial feasibility of the requested amendment is an issue; or
3. Received a request from the City where such information is directly necessary for the enforcement or administration of this Ordinance and the Franchise, including but not limited to, transfer and renewal proceedings.
(9) As built maps. After any major construction, the Grantee shall file as built maps with the City and annually thereafter, updates to the as built shall be filed with the City, in a form compatible with the City's Government Information System.
(10) Additional reports. The Grantee shall prepare and furnish to the City, within a reasonable time frame, at the times and in the form normally maintained by the Grantee, such additional reports with respect to its operation, affairs, transactions or property, as may be reasonably necessary and appropriate to the performance of any of the rights, functions or duties of the City in connection with this Ordinance or the Franchise as necessary to ensure compliance with this Ordinance, the Franchise or other pertinent provisions of Federal or State law or regulation.
(C) Records required.
(1) Mandatory records. The Grantee shall at all times maintain:
(a) A record of all written complaints received and any interruptions or degradation of service experience for the preceding period prior to a performance review.
(b) A full and complete set of plans, records and “as built” maps showing the exact location of all cable television system equipment installed or in use in the City, exclusive of subscriber service drops.
(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 Franchise as needed to ensure compliance with this Ordinance, the Franchise or other pertinent provisions of Federal or State law or regulation.
(Ord. O-1997-53, passed 12-10-97)