(A) On 45-days’ notice to a provider, the city may audit a provider for a period of time to the fullest extent allowed by law to ascertain compliance with the municipal consent and/or other provisions of this chapter.
(B) A provider shall keep complete and accurate books of accounts and records of business and operations that cumulatively reflect the monthly count of all access lines for a period of four years. The Public Works Director or his or her designee may require the keeping of additional records or accounts, but only that are reasonably necessary for purposes of identifying, accounting for and reporting the number of access lines used to deliver telecommunication services or for calculation of the payments due hereunder, and only in the event the usual and customary records of the provider do not reasonably provide this information. The city may examine the provider’s books and records referred to above, expressly excluding any records, documents or other writings the disclosure of which is prohibited by state or federal law, including the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510 to 2522, but only to the extent such records reasonably relate to providing information to verify compliance with this chapter and the municipal consent.
(C) A provider shall make available to the city or the city’s designated agent (hereinafter “agent”), for the city or its agent to examine, audit, review and copy, in the city, on the Public Works Director or his or her designee’s written request, its books and records as referred to above that pertain to municipal consent conditions and requirements obtained under this chapter. A provider shall fully cooperate in making records available and otherwise assist the city examiner. The city examiner shall not inspect or copy or otherwise demand production of customer specific information or any records, documents or other writings the disclosure of which is prohibited by state or federal law, including the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510 to 2522.
(D) The Public Works Director or his or her designee may, at any time, make inquiries pertaining to providers’ performance of the terms and conditions of a municipal consent conveyed under this chapter. Providers shall respond to such inquiries on a timely basis.
(E) Upon written request by the Public Works Director or his or her designee, to the extent the documents are reasonably identified, providers shall furnish to the city within 30 business days from the date of the written request copies of all public petitions, applications, written communications and reports submitted by providers, to the FCC and/or to the PUC or their successor agencies, relating to any matters affecting the physical use of city public rights-of-way.
(F) The provisions of this section shall be continuing and shall survive the termination of a municipal consent granted under this chapter and shall extend beyond the term of the municipal consent granted to the provider and the city shall have all the rights described in this section for so long as provider is providing any telecommunications service within the city.
(1998 Code, § 122-183) (Ord. 99-15, passed 4-7-1999)