(a) Open Records. The permittee shall manage all of its operations in accordance with a policy of keeping its records open and accessible to the Municipality. The Municipality shall have access to, and the right to inspect at all reasonable times, any books and records of the permittee and affiliated entities which are reasonably related to the administration or enforcement of the terms of this permit. The permittee shall not deny the Municipality access to any of the permittee's records on the basis that the permittee's records are under the control of any parent company, affiliated entity or a third party. The Municipality may also, in writing, request copies of any such records or books and the permittee shall provide such copies within 30 days of the transmittal of such request, at the sole expense of the permittee. If the requested books and records are too voluminous, or for security reasons cannot be copied or removed, then the permittee may request, in writing within ten days, that the Municipality inspect them at the permittee's local offices. If any books or records of the permittee are not kept in a local metropolitan office and copies are not made available to the Municipality upon written request as set forth above, and if the Municipality determines that an examination of such records is necessary or appropriate to the performance of any of the Municipality's duties, audits, administration or enforcement of this permit, then all reasonable travel and maintenance expenses) incurred in making such examination shall be paid by the permittee. The requirements of this section shall be in addition to any other similar sections contained in other ordinances that affect the permittee.
(b) Confidentiality. The Municipality agrees to treat as confidential any books or records that constitute proprietary or confidential information under federal or state law, to the extent the permittee makes the Municipality aware of such confidentiality. The permittee shall be responsible for clearly and conspicuously stamping the word "Confidential" on each page that contains confidential or proprietary information, and shall provide a brief written explanation why such information should be treated as confidential under state or federal law. If the Municipality receives a demand from any person for disclosure of any information designated by the permittee as confidential, the Municipality shall, so far as consistent with applicable law, advise the permittee and provide the permittee with a copy of any written request by the party demanding access to such information within a reasonable time.
(c) Public Filings.
(1) The permittee shall notify the City Engineer of the Municipality, and provide a copy, upon its request, of all FCC, federal and state reports and filings on behalf of the permittee or affiliates which relate to the operation of the system.
(2) All information furnished to the Municipality that is not subject to confidential treatment under division (b) hereof is public information, and shall be treated as such, except for information involving the lawful privacy rights of individual persons.
(d) Annual Reports. Within 120 days after the close of the permittee's fiscal year, the permittee shall submit to the Municipality a written annual report, in a form acceptable to the Municipality, which shall include, but not necessarily be limited to, the following information for the permit area:
(1) An expense statement certified by an officer of the permittee;
(2) A summary of the previous year's activities in development of the system, including, but not limited to, services begun or discontinued during the reporting year, and the number of users of the permittee's services;
(3) A statement of planned construction, if any, for the next two years;
(4) A list of the permittee's officers, members of its Board of Directors, and other principals of the permittee; and
(5) A list of stockholders, or other equity investors holding 5% or more of the voting interest in the permittee and its parent, subsidiary and affiliated corporations and other entities, if any, unless the parent is a public corporation whose annual reports are publicly available, in which case a copy of the annual report shall be submitted.
(e) Plant Survey, Report. At the Municipality's request, including but not limited to requests based on customer complaints or the Municipality's own experience with the facilities, the permittee shall submit to the Municipality, within 30 days of the request unless such time is extended by the Municipality, a plant survey report which shall be a survey of the permittee's plant within all or portions of the permit area as specified by the Municipality and a full report thereon. Said report shall include, but not be limited to, an appropriate engineering evaluation of the telecommunications and/or other utility system including but not limited to any suitable electronic measurements conducted in conformity with such requirements, including supervision, as the Municipality may prescribe. Said report shall be in sufficient detail to enable the Municipality to ascertain that the same meet services requirements and all applicable federal, state and local construction, operational and technical performance standards. At the Municipality's request, but not more than once per year, the permittee and the Municipality shall agree upon the appointment of a qualified independent engineer to evaluate and verify the performance of the system. Subject to prior appropriation of funds therefor, the cost of the evaluation shall be borne equally by the permittee and the Municipality, unless the independent engineer determines that the system fails to meet applicable standards, in which case the permittee shall reimburse the Municipality for all costs of the evaluation.
(f) Failure to Report. The failure or neglect of the permittee to file any of the reports or filings required under this permit, or such other reports as the Municipality may reasonably request, may, at the Municipality's option, be deemed a breach of this permit.
(g) False Statements. Any intentional false or misleading statement or representation in any report required by this permit may be deemed a breach of this permit and may subject the permittee to all remedies, legal or equitable, which are available to the Municipality under this permit or otherwise.
(1982 Code, § 768.05) (Ord. 97-50. Passed 7-28-1997.)