(a) Right to Regulate Rates.
(1) As a franchising authority certified by the FCC, the City has the right to regulate cable rates and service to the full extent authorized by applicable federal, state, and local laws.
(2) If the City desires to regulate rates and has met all legal requirements to do so, Company shall file all required forms and documentation for any increase in rates or charges for any cable television service or equipment with the City on or before the notification period required by applicable federal, state and local law. Such documentation shall include, but not be limited to, FCC Form 1240 for increases in the cable rate and FCC Form 1205 for increases in rates for equipment and installation.
(b) Right to Inspect.
(1) The City shall have the right, upon ten (10) business days written notice and during normal business hours, to inspect all documents, records and other pertinent information maintained by Company at its principal place of business, which relate, directly or indirectly, to the terms of this Agreement.
(2) In addition, Company shall maintain for inspection by the public and the City all records required by the FCC and as specified in 47 C.F.R. §76.305, in the manner specified therein.
(3) Notwithstanding anything to the contrary set forth herein, all information specifically marked by Company as proprietary or confidential in nature and furnished to the City or its designated representatives shall be treated as confidential in conformity with Pennsylvania law. Information and documentation marked by Company as proprietary or confidential shall include a brief written explanation as to its proprietary nature or confidentiality. The City, and its officially designated representatives agree in advance to treat any such information or records which Company reasonably deems would provide an unfair advantage for Company’s competitors (e.g., system design maps, engineering plans, and programming contracts, etc.) as confidential and only to disclose it to City employees, agents, or representatives that have a need to know or
in order to enforce the provisions of the Agreement. In the event a request is made by an individual or entity not an employee, agent or representative of the City acting in their official capacity for information related to the franchise and marked by Company as confidential and/or proprietary, the City shall immediately notify Company of such request and permit Company to take whatever action Company deems necessary to protect its interests before providing documents or access to documents to the requestor. Company shall not be required to provide subscriber information in violation of Section 631 of the Cable Act [47 U.S.C. §551], or information which is not relevant to regulation of the Franchise (e.g., employee files, tax returns, etc.).
(c) Right to Conduct Compliance Review. The City or its representatives may conduct a full compliance review and hold public hearings with respect to whether Company has complied with any material terms of this Agreement so long as it provides Company with twenty (20) business days written notice in advance of the commencement of such reviews and public hearings.
(d) Government Reports. Company shall provide to the City, copies of any and all communications reports, documents, pleadings and notifications of any kind which Company or any of its affiliated entities have submitted to any federal, state or local regulatory agencies, courts or other governmental bodies if such documents relate exclusively to Company’s Cable System within the City. Company shall provide copies of such documents no later than thirty (30) days after their filing, mailing or completion. Company shall not claim confidential, privileged or proprietary rights to such documents unless such documents have been determined to be confidential, privileged or proprietary by a court of competent jurisdiction or a federal or state agency.
(e) Reserved Authority. The City reserves the regulatory authority arising from the Cable Act , any amendments thereto and any other relevant federal, state or local laws or regulations.
(Ord. 11-2005. Passed 2-15-05.)