2024 Ordinances - Laserfiche WebLink

Home Browse Search

franchised cable operator in the City. Any payment of franchise fees to the LFA pursuant to this Article 6 shall be made on a quarterly basis and shall be due forty-five (45) days after the close of each quarter. 7. CUSTOMER SERVICE Customer Service Requirements are set forth in Exhibit B, which shall be binding unless amended by written consent of the parties. 8. REPORTS AND RECORDS 8.1. Open Books and Records: Upon not less than thirty (30) business days written notice to the Franchisee, the LFA shall have the right, at any time during Normal Business Hours as reasonably determined by the parties, to inspect the Franchisee's books and records pertaining to Franchisee's provision of Cable Service in the Franchise Area as reasonably necessary to ensure compliance with the terms of this Franchise; provided, however, that inspections of financial records including audits performed pursuant to Section 8.2 shall be performed no more frequently than once every twenty-four (24) months. Such notice shall specifically reference the section or subsection of the Franchise which is under review, so that Franchisee may organize the necessary books and records for appropriate access by the LFA. Franchisee shall not be required to maintain any books and records for Franchise compliance purposes longer than five (5) years. Franchisee shall not be required to provide Subscriber information in violation of Section 631 of the Communications Act, 47 U.S.C. §551. 8.2. Audit: Inspections performed pursuant to Section 8.1 of this Agreement may include an audit of all records reasonably necessary to confirm the accurate payment of the PEG Capital Grant Surcharge Fee. Franchisee shall bear the LFA's reasonable, documented out- of - pocket expenses of any such audit performed by a qualified, independent third -party auditor, up to a maximum of five thousand dollars ($5,000), if such audit discloses an underpayment by Franchisee of more than three percent (3%) of any quarterly payment and five thousand dollars ($5,000) or more. The LFA shall not audit Franchisee more frequently than once every twenty- four (24) months. The LFA shall have no more than three (3) years from the time Franchisee delivers a payment to provide a written, detailed objection to or dispute of that payment, and if the LFA fails to object to or dispute the payment within that time period, the LFA shall be barred from objecting to or disputing it after that time period. Franchisee shall be provided a reasonable opportunity to review the results of any audit and to dispute any audit results which indicate an underpayment to the LFA. In the event that Franchisee disputes any underpayment discovered as the result of an audit conducted by the LFA, the LFA shall work together with Franchisee in good faith to promptly resolve such dispute. The LFA and Franchisee maintain all rights and remedies available at law regarding any disputed amounts. The LFA may require Franchisee to pay any additional undisputed amounts due to the LFA as a result of an audit performed by the LFA pursuant to this Section 8.2 within thirty (30) days following receipt by Franchisee of written notice by the LFA. Notwithstanding the foregoing, Franchisee shall not be obligated to bear any audit expenses for any auditor utilized by the LFA that is compensated on a success -based formula, e.g., payment based on a percentage of underpayment, if any.