§ 14. Reports and filings.  


Latest version.
  • (a)

    Company shall keep complete and accurate books of accounts and records of its business and operations in connection with this franchise. All such books and records shall be consistent with generally accepted accounting practices and shall be made available to City's representatives at Company's principal office in the City.

    (b)

    City shall have the right, at reasonable times and as reasonably necessary to ensure compliance with the terms hereof, to examine, audit, review, and/or obtain copies of the papers, books, accounts, documents, maps, plans, and other records of Company and/or its affiliates and to inspect, inventory and/or appraise the plant, equipment, and all property of Company within its jurisdiction. Company shall fully cooperate in making available its records and otherwise assisting in these activities. Notwithstanding anything to the contrary set forth herein, Company shall not be required to disclose information which it reasonably deems to be proprietary or confidential in nature. City agrees to treat any information disclosed by Company as confidential and only to disclose it to employees, representatives, and agents thereof that have a need to know, or in order to enforce the provisions hereof. Company shall not be required to provide subscriber information in violation of Section 631 of the Cable Act.

    (c)

    City may, at any time, make inquiries concerned with the management and affairs of Company, necessary for the enforcement of this franchise. Company shall respond to such inquiries within seventy-two (72) hours.

    (d)

    Company shall provide City with the following reports:

    (1)

    Semi-annual reports of gross revenues and the basis for calculation of the franchise fee to be furnished within forty-five (45) days after end of calendar period.

    (2)

    Annually by May 1:

    a.

    Copies of a statement of gross revenues certified by an officer or certified public accountant of Company.

    b.

    Summary of subscriber complaints by categories;

    c.

    Summary of operations certified by a Company representative, number of subscribers by class, connections and disconnections, miles of trunk and distribution, homes passes; and

    d.

    Copy of engineer's certified report and summary of results and corrections of proof of performance tests provided, however, that City has no authority, pursuant to federal law, to enforce compliance with FCC technical and performance standards.

    (3)

    City may require:

    a.

    Ownership report, showing partners or major stockholders or parents holding 5% or more of stock or ownership;

    b.

    Copy of annual audit report to stockholder or board of directors of parent;

    c.

    Current map of system;

    d.

    Summaries of telephone and service performance; and

    e.

    Copies of petitions, applications and communications with FCC, SEC, or other state or federal regulatory agency having jurisdiction over matters affecting the system or franchise.