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(A) The grantee shall maintain an office conveniently located to serve the Surry subscribers. The county shall have the right, upon reasonable notice, to inspect and copy or transcribe at any time during normal business hours, all books, records, maps, plans, financial records, performance test results and other like materials of the grantee kept or maintained by grantee or under its control, maintained in the ordinary course of business, concerning the operations, finances, affairs, transactions or property of grantee when necessary to ascertain the grantee’s compliance with the material terms of 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. Access to proprietary information shall be treated as confidential and not subject to public disclosure.
(B) If any of such maps or records is not kept in the county, or upon reasonable notice made 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. Maps may be provided in a form mutually agreed upon by the grantee and the county necessary for the county to ensure compliance with this chapter or the franchise agreement.
(C) 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 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) Test required by county. Tests required by 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.
(Ord. passed 12-19-2005)