§ 30-22. Access to records; books, records and reports.

(a)

Books and records available to the county.

(1)

Records. The franchisee shall maintain an office(s) within the county. The county shall have the right to inspect at any time during normal business hours, all books, records, maps, plans, revenue statements, service complaint logs, performance test results and other like materials of the franchisee which relate to the operation and enforcement of this chapter and franchise. Access to the aforementioned records shall not be denied by the franchisee on the basis that said records contain "proprietary" information unless applicable law exempts said records.

(2)

Review. The franchisee shall permit any duly authorized representative of the county to examine and copy or transcribe any and all maps and other records kept or maintained by the franchisee or under its control concerning the operations and enforcement of the franchise. If any of such maps or records are not kept in the county, or upon reasonable request made available in the county, and if the county shall determine that an examination of such maps or records is necessary or appropriate to the enforcement of any of their duties, then all travel and maintenance expenses necessarily incurred in making such examination shall be paid by the franchisee.

(b)

Reports required. The franchisee shall file the following reports with the county:

(1)

Regulatory communications. Upon written request by the county to the franchisee, the franchisee shall provide specific reports required by the FCC including, but not limited to, any annual proof of performance tests and results, equal employment opportunity (EEO) reports, required financial information, and all petitions, applications and communications of all types submitted by the franchisee to the FCC, or any other federal or state regulatory commission or agency, having jurisdiction over any matter affecting operation of the franchisee's system.

(2)

Facilities report. An annual report setting forth the physical miles of plant construction and plant in operation during the fiscal year shall be submitted to the county. The annual report shall be provided in February of each year.

(3)

Construction reports. At the request of the county, construction reports for initial system construction or system rebuilds or upgrades shall be sent to the county within 30 days after construction of the system or upgrade or rebuild and bi-monthly thereafter for any construction undertaken during the term of the franchise until construction is complete, including the rebuild, as specified in the franchise.

(4)

Change in service. A report on any change in programming or service shall be provided to the county 30 days prior to implementation.

(5)

Franchisee rules. The franchisee's schedule of charges, contract or application forms of regular subscriber service policy regarding the processing of subscriber complaints, delinquent subscriber disconnect and reconnect procedures, any other terms and conditions adopted as the franchisee's policy in connection with its subscribers, shall be filed with the county and available in the franchisee's local office. All such terms and conditions, including schedule of charges, must have been filed with the county prior to their becoming effective. Such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof or applicable state and federal laws, rules or regulations.

(6)

Proof of bonds and insurance. The franchisee shall submit to the county the required certificate of insurance premium(s) and all policies of insurance required by this chapter, or certified copies thereof, of payment of required premium.

(7)

Financial reports. The following financial reports for the franchise area shall be submitted annually to the county 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 15 percent or more.

b.

An annual, fully-audited and certified financial report from the previous calendar (fiscal) year, including year-end balance sheet, revenue statement showing subscriber revenue from each category of service, and every source of non-subscriber revenue.

c.

An annual list of officers and members of the board of the franchisee and of any parent corporation.

(8)

Operational report. The franchisee shall provide an annual performance report as specified in this chapter.

(9)

Additional reports. The franchisee shall prepare and furnish to the county at the times 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 enforcement of any of the rights, functions or duties of the county in connection with this chapter or franchise.

(c)

Records required.

(1)

Mandatory records. The franchisee shall at all times maintain:

a.

A record of all written 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 system equipment installed in the rights-of-way or in use in the county, exclusive of subscriber service drops.

(2)

Other records. The county may impose reasonable requests for additional information, records and documents from time to time, and the franchisee shall produce said records within 15 days, so long as such request relates to the county's enforcement abilities of this chapter and franchise.

(Code 1979, § 7-120; Ord. No. 98-45, § 22, 8-18-98; Ord. No. 02-66, § 4, 12-17-02)