§ 35.5-7. Operation and maintenance.

(a)

Audit of books and records—Telecommunications service. After reasonable notice, grantor shall have the right to inspect at any time during normal business hours, all books, records, maps, plans, income tax return, financial statements, and other like materials of grantee of and relating to grantee's services and system in the parish in accordance with the provisions of this article and the franchise. Access to the aforementioned records shall not be denied by the grantee on the basis that said records contain "confidential" or "proprietary" information. To the extent permitted by law, the grantor shall preserve the confidentiality of information so designated by grantee, and the auditor conducting the audit on behalf of grantor may execute a confidentiality agreement, subject to the approval of the grantor and grantee, for the protection of confidential or proprietary documents made available for review under this section. In the event such an audit reveals that grantee has underpaid its franchise fees, grantee shall promptly reimburse the grantor for such underpayment. In the event that the underpayment is in the amount of five (5) percent or more, grantee shall promptly reimburse the grantor for such underpayment as well as the grantor's reasonable costs associated with the conduct of the audit.

(b)

Same—Long distance network services. After reasonable notice, grantor shall have the right to inspect at any time during normal business hours, all route maps, construction plans and other records pertinent to the calculation of the linear foot fee provided for in section 35.5-8(a)(2) for the equipment, facilities and plant of the telecommunications systems located in the parish providing long distance network services. Access to the aforementioned records shall not be denied by the grantee on the basis that said records contain "confidential" or "proprietary" information. To the extent permitted by law, the grantor shall preserve the confidentiality of information so designated by the grantee.

(c)

Communications with regulatory agencies. Grantor shall have the right to request and receive copies of all petitions, applications, communications, and reports submitted by the grantee to the LPSC, the FCC, the securities and exchange commission, or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters affecting the and operation of the telecommunications system located in the parish authorized pursuant to the franchise. Grantor likewise reserves the right to request and receive copies of responses from the said regulatory agencies to the grantee.

(d)

Annual report. Grantee shall notify the parish of the end of its fiscal year and within ninety (90) days of the end of grantee's fiscal year, the grantee shall present the following written reports to the grantee, including; provided, however, this subsection (d)(1) does not apply to telecommunications systems providing long distance network services.

(1)

A financial report for the previous calendar year, including gross revenues from all sources of operation in the parish and recertifying self-insurance ability if applicable certified by an appropriate representative of the grantee;

(2)

A report specifically the linear length, location and extent of grantee's system in the Parish of Jefferson certified by an appropriate representative of the grantee; and

(3)

A report on completed and projected construction in the parish;

(4)

To the extent that grantee is subject to the self-insurance provisions of this article, grantee shall provide proof that grantee's self-insurance program is sufficiently liquid to cover all losses in the amount shown in section 35.5-9(i) hereof;

(5)

A report which identifies each person or provider using grantee's system or the resale of services, and the extent of such services; provided, however, this subsection (d)(5) does not apply to the grant of dark fibers and/or conduit use rights to customers of telecommunications systems providing long distance network services.

(Ord. No. 20914, § 1, 3-15-00)