17-8 REPORTS; RECORDS; INSPECTION.

The operator shall prepare and submit to the Town the following reports:

a. Performance Evaluation Reports . See subsection 17-7.1.

• b. Information for Renewal of Extension of a Franchise . See subsection 17-6.2.

c. Annual Reports . The payment made to the Town at the end of each calendar year shall be accompanied by a profit and loss statement for the system which serves the franchise areas, covering the year with respect to which payment is made, showing reasonable detail information required by the Town. If the system serving the franchise area also serves other area, the operator may elect to furnish a profit and loss statement governing the entire system. In this case, sufficient information shall be provided to determine the Town’s allocated proportion of total.

d. Reports Filed with Other Agencies . The operator shall submit to the Town a copy of each petition, application, pleading, report, communication and other documents related to the cable system in this franchise area which is submitted

by the operator to the FCC, PUC, and any Federal, State or local regulatory agency or court having jurisdiction over the cable system in this franchise area (except SEC filings where only incidental reference is made to the system). The operator shall submit such documents simultaneously with their submission to the court, agency, or other body.

To the extent it is not precluded by law from doing so, the operator shall submit to the Town a copy of each income tax return which is filed with the State and Federal governments pertaining to its cable system in the franchise area.

e. Miscellaneous Reports . Operator shall submit to the Town other information or reports in such forms and at such times as the Town may request.

• (Ord. #23-83, §1)

a. Financial Records . The operator shall keep true and accurate books and records in conformity with generally accepted accounting principles, consistently applied, showing all income, expenses, borrowing, payments, investments of capital costs and expenditures, and other transactions relating to the system serving the franchise area.

The operator shall keep the records required for at least five (5) years after any transaction recorded in them.

b. Maps . The operator shall maintain complete maps and plans showing the location of the cable system equipment installed in streets and other public places in the Town and the geographical areas of the Town currently served by the cable system.

c. Subscriber Complaints and Repair Services . The operator shall maintain a record of each request for service, subscriber complaint, service interruption and system malfunction and shall keep this record for at least three (3) years after the transaction recorded in it in accordance with the provisions of subsection 17-5.2f.

d. Reports . The operator shall maintain a copy of each report referred to in subsection 17-8.1 for at least five (5) years. (Ord. #23-83, §1)

The Town has the right to inspect the operator’s reports and records at any time during normal business office hours. Upon written request the operator shall provide the Town with copies of required records within five (5) business days. (Ord. #23-83, §1)

The operator shall allow the Town to inspect the operator’s facilities and equipment at any time upon one (1) days prior notice, or, in case of emergency, upon demand without prior notice.

The Town may inspect at reasonable times construction or installation work performed and to make tests, if necessary, to ensure compliance with the terms of the franchise.

(Ord. #23-83, §1)

a. Audit . The Town may require the operator to furnish an outside recognized public accounting firm to conduct an audit, not more than one (1) each fiscal year, of the operator’s records relating to subscribers and the statements furnished by the operator under subsection 17-8.2a. for the purpose of certifying their accuracy. The firm conducting the certification audit shall be approved by the Town, but approval may not unreasonably be withheld. The operator may provide such certification by a notarized and sworn certificate from an officer of the operator or its parent company.

b. False Statements . A materially false or misleading statement or representation made knowingly by the operator in a record or report required under the franchise is considered a material breach of the franchise.

c. Cost of Reports . The operator shall furnish each report and record required under this or any other section at the operator’s expense.

(Ord. #23-83, §1)