§ A230-12. Reports and records.

A. 

Annual report. During the term of this agreement, upon written request by the Town, Comcast shall submit the following information:

(1) 

A financial statement including a statement of income, balance sheet, and a statement of sources and applications of funds which shall be certified by Comcast's Chief Financial Officer in accordance with generally accepted accounting principles ("GAAP");

(2) 

An annual financial statement for the Town of franchise fees paid, if not provided in conjunction with the Town's quarterly franchise fee statement;

(3) 

A list of Comcast's officers, members of its Board of Directors, and corporate governance; and

(4) 

Submission by Comcast of the most recent U.S. Securities and Exchange Commission (SEC) Annual Report Form 10-K prepared by Comcast shall be deemed as satisfactory compliance with this § A230-12A.

B. 

Technical reports. Upon written request, Comcast shall submit to the Town a report which shall demonstrate that its cable system is designed, installed, and operated in a manner that fully complies with applicable FCC technical standards and reports, Subpart K, 47 CFR § 76.601 et seq., as amended.

C. 

Corporate annual reports. A copy of the most recent corporate annual report of Comcast Corporation shall be submitted to the Town upon written request within 30 days.

D. 

Billings. Comcast shall maintain fiscal and financial data sufficient to accurately reflect all its customer billings. This material shall be kept and maintained in accordance with generally accepted accounting principles. Such records shall be retained for a twelve-month period and may be inspected by the Town upon reasonable written request during such period subject to the privacy provisions of § 631 of the Cable Act.

E. 

Upon written request and not more than once a year, unscheduled outage repair summaries will be prepared and submitted to the Town and the Town may inspect repair logs not more than once a year upon reasonable written request.

F. 

Upon written request and not more than once a year, Comcast shall submit to the Town copies of pleadings, applications, reports and other documents reasonably requested by the Town which have been filed with any federal, state or regulatory agency or government body if such documents relate specifically to the operation of Comcast's cable system within the Town.

G. 

Open books and records. Upon 20 business days' prior written request, the Town shall have the right to inspect at any time during normal business hours at the local cable system office all books, maps, financial statements that relate to the franchise fee, service complaint logs, and applicable performance test results that relate directly with the terms of this franchise, subject to appropriate confidentiality and nondisclosure requirements and applicable privacy restrictions. Notwithstanding anything to the contrary set forth herein, all confidential information received by the Town or its designated representatives and designated as proprietary or confidential in nature by the franchisee shall remain confidential insofar as permitted by the Delaware Freedom of Information Act, Title 29, Chapter 100, of the Delaware Code, and other applicable state and federal law. Representatives and/or agents and/or designees of the Town may be requested to execute a nondisclosure agreement prior to the provision by Comcast of certain confidential information provided such representatives and/or agents are permitted to do so under applicable law. Information and documentation marked by Comcast as proprietary or confidential shall include a brief written explanation as to its proprietary nature or confidentiality subject to review by the Town. The Town and its officially designated representatives agree in advance to treat any such information or records which Comcast reasonably deems would provide an unfair advantage for Comcast's competitors (e.g., system design maps, engineering plans, programming contracts, etc.) as confidential so long as permitted to do so under applicable law and only to disclose it to municipal employees, agents, or representatives who have a need to know or in order to enforce the provisions of this agreement. In the event a request is made by an individual or entity not an employee, agent or representative of the Town acting in their official capacity for information related to the franchise and marked by Comcast as confidential and/or proprietary, the Town shall notify Comcast of such request. Comcast shall not be required to provide subscriber information in violation of § 631 of the Cable Act, or information which is not relevant to regulation of the franchise (e.g., employee files, tax returns, etc.).