Orange County NC Website
Browse       Search
B. The Grantee, on an annual basis, shall furnish the Grantor a statement within <br /> ninety (90) days of the close of the calendar year, certified by an official of the <br /> Grantee responsible for the Cable System's financial statements, reflecting the <br /> total amounts of Gross Revenues, and all payments, and computations for the <br /> previous calendar year. Upon ten (10) calendar days prior written notice, the <br /> Grantor shall have the right to conduct an independent audit of the Grantee's <br /> records for the most recent sixty (60) months to determine whether proper <br /> Franchise Fees have been paid. If, after resolving any dispute arising from such <br /> audit, the Grantee has made a Franchise Fee underpayment of three percent <br /> (3.0%) or more, the Grantee shall reimburse the Grantor for all reasonable costs <br /> actually expended in conducting any such audit. In other events, the Grantor shall <br /> bear all costs and fees, associated with any such audit. <br /> C. All of the Grantee's books and records concerning its Gross Revenues and its <br /> calculation of payments to the Grantor, shall be available for inspection by an <br /> appropriate officer of the Grantor, or its designee, at reasonable times to <br /> determine the amount of compensation due to the Grantor from the Grantee under . <br /> this Franchise. Such records shall be kept so as to accurately show the same. The <br /> Grantee shall prepare and make available to the Grantor at times reasonably <br /> requested by the Grantor and in the form prescribed by the Grantor after <br /> consultation with the Grantee, such reports with respect to its Cable System, and <br /> the Gross Revenues derived there from, as the Grantor may deem reasonably <br /> necessary or appropriate. <br /> D. In the event the Grantee makes an underpayment or in the event the Grantee fails <br /> to make any payment on or before the date it is due, the Grantee shall pay interest <br /> at a rate of one percent (1%) per month on any such under payment and/or late <br /> payment. <br /> E. Consistent with federal requirements,the Grantee shall file no less frequently than <br /> annually any tariffs, amendments, or modifications affecting the sale of its <br /> services and Customer terminal equipment and shall provide written notification <br /> to the Grantor within thirty(30) days of any proposed changes. The Grantee shall <br /> provide notice to the Grantor of all filings, reports and petitions to local, state, or <br /> federal regulatory agencies concerning the Franchise, which are required by 47 <br /> CFR § 76.1700 of the FCC's rules to be maintained in the Grantee's public <br /> inspection file. Upon request, the Grantee shall provide copies of said filings to <br /> the Grantor. <br /> Section 9. Franchise-Not Exclusive <br /> A. This Franchise is not exclusive. The Grantor reserves the right to grant <br /> Franchises to other persons, as well as the right in its own name, to operate a <br /> Cable System for similar or different purposes allowed the Grantee hereunder. <br /> 8 <br />