§ 10-25. Records required and grantor's right to inspect.  


Latest version.
  • (a)

    Grantee shall keep complete and accurate book of accounts and records of the business and operation under and in connection with the cable system and the franchise.

    (b)

    The city shall have the right to review all records pertaining to the grantee's operation within the city of Warren at grantee's local business office or by mail; provided, however that financial audits are subject to section 10-99(d).

    (c)

    The city shall, upon request, be provided with a copy of any report relating to the construction, maintenance or operation of the cable system, facilities or the city's regulatory responsibilities under the agreement or ordinance, including, but not limited to any report, statement or data submitted to the FCC or another Federal or State agency.

    (d)

    Grantee shall file with the city engineer a current "as built" map showing the location of the transmission and distribution facilities and equipment in the city used by it in providing cable in a standardized format compatible with the city's computerized data system. The map shall be submitted each year unless no changes have occurred in the previously submitted map.

    (e)

    An accurate and comprehensive file shall be kept by grantee of all subscriber complaints regarding the grantee. Complete records of grantee's actions in response to complaints shall be kept for three (3) years, and shall be made available to the city upon request.

    (f)

    Upon request, grantee shall submit to the city such information and reports as deemed reasonably necessary to monitor compliance with the franchise agreement and ordinance, and in such form as the city may reasonably request.

    (g)

    Upon request, grantee shall provide to the city copies of all documents, pleadings, and applications, and any responses thereto, filed by grantee with federal or state agencies or courts, which relate to the franchise.

    (h)

    The city shall protect the confidentiality of any information constituting proprietary information and so designated by grantee as confidential or proprietary, and shall withhold such information from public disclosure to the extent permitted under the Michigan Freedom of Information Act, M.C.L.A. sec. 15.243(1). To the extent possible, grantee will provide the city with summaries of any required documents or copies thereof with trade secrets and proprietary matters deleted therefrom. The burden of proof shall be on the grantee to establish the confidential nature of any information submitted.

    (i)

    Upon reasonable demand, grantee shall permit the city to make inspections of any of the grantee's facilities situated within or outside of the city during normal business hours upon seventy-two (72) hours notice or, in the event of an emergency, at any time.

    (j)

    All reports and records required under the franchise shall be furnished at the sole expense of grantee and within thirty (30) days of the request. Records shall be maintained for a period of not less than three years preceding the date of any request, except as otherwise provided in this article or the agreement.

    (k)

    Any materially false or misleading statement or representation knowingly made by the grantee in any report required under the franchise or in any notices to subscribers and users shall be deemed a material breach of the franchise, and shall subject the grantee to all penalties and remedies available at law.

(Ord. No. 80-512, § 1, 6-24-97)