(a) Open Books and Records. The Borough shall have the right to inspect and copy, upon two weeks' written notice at any time during normal business hours, all books, receipts, maps, plans, financial statements, contracts, service complaint logs, performance test results, records of requests for service and other reasonable material of a franchisee relating to the operation of the franchisee's system serving the township and which are required to perform its regulatory and compliance monitoring responsibilities under the terms of this chapter, a franchise agreement, or applicable law.
(b) Reports Required. The franchisee shall upon request file the following reports with the Borough:
(1) All reports required by the FCC including, but not limited to any proof of performance tests and results, Equal Employment Opportunity (EEO) reports, and all petitions, applications, and communications of all types submitted by a franchisee 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 a franchisee's system.
(2) An annual report setting forth the physical miles of plant construction and plant in operation during the fiscal year. Such report shall also contain any revisions to the system "as-built" maps filed with the Borough. The annual report shall be provided in February.
(3) Construction reports will, at the request of the Borough, be sent to the Borough bimonthly after the franchise is awarded for any construction undertaken during the term of the franchise until construction is complete, including any rebuild that may be specified in the franchise.
(4) Proof of performance test results, at the request of the Borough will be supplied to the Borough when sections of the system are rebuilt and as required in this chapter.
(5) Technical tests required by the Borough as specified in this chapter and the franchise agreement, at the request of the Borough, will be submitted to the Borough promptly upon completion of such tests.
(6) The following financial reports for the franchise area, submitted annually to the Borough 90 days after the end of the franchisee's fiscal year:
A. An ownership report, indicating all persons who at any time during the preceding year did control or benefit from an interest in the franchise of 5% or more.
B. An annual profit and loss statement, year-end balance sheet, and cash- flow statement, certified by a certified public accountant; an income statement showing subscriber revenue from each category and source of service provided in the Borough.
C. An annual list of officers and members of the Board of Directors of a franchisee and any parent organization.
(7) The following system and operational reports shall be made available at no cost to the Borough upon request:
A. A report on the system's technical tests and measurements.
B. A report on programs and services offered by the franchisee, including public, educational, governmental, and leased access channels.
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 system and the character and extent of the service rendered thereto.
D. An annual summary of complaints received and handled in addition to any reports required in the franchise.
(8) The franchisee shall upon request prepare and furnish to the Borough at the time 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 the performance of any of the rights, functions or duties of the Borough in connection with this chapter or the franchise.
(c) Records Required.
(1) The franchisee shall at all times maintain:
A. A record of all complaints received and interruptions or degradation of service experienced 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 communications system equipment installed or in use in the Borough, exclusive of subscriber service drops.
C. An annual profit and loss statement, year-end balance sheet and cash- flow statement, certified by a certified public accountant; an income statement showing subscriber revenue from each category and source of service provided in the Borough.
D. A current annual statement of all capital expenditures including the cost of construction and of equipment.
E. An annual list of officers and members of the Board of Directors of the franchisee and any affiliates.
(2) The Borough may impose reasonable requests for additional information, records, and documents from time to time.
(d) Performance Evaluation.
(1) The Borough may hold scheduled performance evaluations on a biennial basis. All such evaluation sessions shall be open to the public.
(2) Special evaluation sessions may be held at any time during the term of the franchise at the request of the Borough. If requested by the Borough, such sessions shall be mandatory following any event that has caused major disruption affecting more than 25% of the franchisee's customers in the Borough for a period of more than ten days.
(3) All evaluation sessions shall be open to the public and announced in a newspaper of general circulation. The franchisee shall notify subscribers of all such evaluation sessions by announcement on a local origination channel on the system between the hours of 11:00 a.m. and 9:00 p.m. for five consecutive days preceding each session.
(4) Topics that may be discussed at any scheduled or special evaluation session may include, but not be limited to system performance and construction, franchisee compliance with this chapter and the franchise, customer service and complaint response, subscriber privacy, services provided, programming offered, service rate structures, if applicable, franchise fees, penalties, free or discounted services, applications of new technologies, judicial and FCC filings, and line extensions.
(5) During the review and evaluation by the Borough, the franchisee shall fully cooperate with the Borough and shall provide such information and documents as the Borough may need to reasonably perform its review.
(Ord. 920. Passed 7-14-97; Ord. 938. Passed 7-12-99.)